1. Learned counsel for the respondent opposes the transference of the two cases on the grounds, firstly that the respondent is employed in Rangers at Khairpur and has nobody else here to look after the cases except his old father, who resides in Lahore, and secondly that under section 14 of the Guardians and Wards Act, it was not permissible to transfer the guardianship case unless there was filed an opposite case of similar nature in any other Court.
2. 2.The contentions raised by the learned counsel do not have any substance. The wife has a little edge over the husband in the matter of litigation inasmuch as she can bring suits wherever she is presently residing even though it may be temporary residence. She brought a suit for dissolution of marriage at Faisalabad earlier in time and stated the suits brought by the respondent at Lahore were just reprisals. Her convenience has to be kept in view. Section 14 of the Guardians and Wards Act to have no application to the present case A Guardianship is one of the subject-matter included in the Schedule II of the West Pakistan Family Courts Act of 1964 and, therefore, Section 25-A of the said Act would apply in the matter of transference of cases relating to those subject matters. There is no such restriction in it as spelt out from Section 14 of the Guardians and Wards Act. The case can be transferred even in the absence of a rival case by or on behalf of the respondent.
3. 3.The family cases re: (1) Muhammad Ramzan v. Nasim Akhtar, pending before Mr. Nawaz Ahmad Ghumman, Judge, Family Court, Lahore for 1-2-1989 B and (2) Muhammad Ramzan v. Nasim Akhtar, pending before Mr. Faiz Talib, Judge, Family Court, Lahore, for 2-1-1989, are withdrawn from their Courts and entrusted to Mr. Muhammad Yunus, Civil Judge/Judge. Family Court, Faisalabad, for 21-1-1989. Parties shall appear before the transferee Court on the said date. The records shall also be sent to it well in time.