M. MAHBOOB AHMAD, J.- This petition under section 25-A of the Family Courts Act, 1964 seeks the transfer of the suit for restitution of conjugal rights titled "Muhammad Ramzan V. Mst. Safia "from the court of MrArshad Mahmood, Judge Family Court, Sargodha to the court of Mr. Mahboob Qadir Shah, Judge Family Court, Faisalabad before whom the petitioner's suit for dissolution of marriage is pending.
2. The learned counsel for the petitioner has raised the following contentions:- i) that the petitioner is a 'purdah nasheen' lady and it will be inconvenient for her as compared with the respondent to go all the way to Sargodha to defend herself there especially when she has an infant daughter in her lap; ii) That common questions of law and facts are likely to be involved in the two suits between the parties and therefore, in order to avoid conflict of judgments, it is desirable that both the suits are tried by one and the same court.
(ii) that the petitioner being a poor lady cannot afford expense of litigation out of her place of residence and therefore will suffer greater inconvenience as compared to the respondent who is male and will have to come to Faisalabad in any case to defend himself there, he having not sought transfer of the petitioner's suit.
3. The respondent is present in person. He has been asked to show as to why the case should not be transferred from the Judge Family Court, Sargodha to the Judge Family Court, Faisalabad where petitioner's suit for dissolution of marriage is pending. The only submission made by him is that he apprehends bodily harm from the petitioner's relatives at Faisalabad.
4. Having given consideration to the controversy, I am of the view that the contentions raised by the learned counsel for the petitioner have force. These otherwise also find support from the precedent case law on the subject of transfer of suits between the same parties arising under the Family Courts Act, 1964. It is well settled that the suits between the husband and wife are better tried at a place where the wife has instituted proceedings.
5. As regards the contention raised on behalf of the respondent, I suffice by observing that no overt act and instance has been pointed out by him, therefore bald assertion of the respondent cannot be considered as a valid ground for not transferring respondent's suit. However it is observed that if the respondent feels any genuine apprehension, he can have recourse to proper agency for seeking protection.
6. In view of the fore-going, allowing this petition I would direct that the suit for restitution of conjugal rights titled "Muhammad Ramzan V. Mst. Safia" be withdrawn from the Judge Family Court, Sargodha and entrusted to the court of Mr. Mahboob Qadir Shah, Judge Family Court, Faisalabad for adjudication in accordance with law.
There will be no order as to costs.
7. The parties shall appear before the transferee court on 10.10.1990.
8. The court at Sargodha from which the suit has been withdrawn shall . Ensure that the record of the case reaches the transferee court well in advance of the date fixed above.
9. The transferee court ' 'dso directed to give in future same dates of hearing in the two suits between the parties so that extra inconvenience is not caused to them.