M. MAHBOOB AHMADJ.- This petition under section 25-A of the Family Courts Act, 1964 seeks the transfer of the suit for restitution of conjugal rights titled "Salamat Ali v. Mst. Hafeezan Begum "from the court of Mian Muhammad Younas, Judge Family Court, Narowal, District Sialkot to the court of Kh. Muhammad Sharif , Judge Family Court Faisalabad before whom the petitioner's suit against the respondent for dissolution of marriage is pending.
2. All the usual ground for seeking transfer of such cases have been taken in this petition and urged by the learned counsel for the petitioner . I asked the respondent to state as to why his case should not be transferred. He has nothing to urge against the transfer of his case and only submits that if it is required under the law, it may be so done.
3. It is well settled that cases arising under the Family Courts Act,1964 between the same parties should better be tried by one and the same court in order to avoid conflict of judgment as well as in view of the convenience of the lady litigants involved. It is also settled principle that the best place for such adjudications is the one where the wife has filed the suit especially when the wife has instituted her suit at a place where the marriage had taken place and which is her permanent place of residence.
4. In view of the fore-going position, allowing this petition, I would direct that the suit for restitution of conjugal rights titled "Salamat Ah v. Mst. Hafeezan Begum" be withdrawn from the court of Mian Muhammad Younas, Judge family Court, Narowal, District Sialkot and entrusted to the court of Kh.
Muhammad Sharif, Judge Family Court, Faisalabad for adjudication in accordance with law.
5. There will be no order as to costs.
6. The parties shall appeal before the transferee Court at Faisalabad in the suit for restitution of conjugal rights as well on 21.1.1991 the date already fixed before that court in the suit for dissolution of marriage.
7. The court at Narowal from whom the suit has been withdrawn shall ensure that the record of the case transferred reaches the transferee court well in advance of the date fixed above.
8. It is also directed that the transferee court shall fix in future the same dates of hearing in the two suits between the parties to avoid inconvenience to them.