JUDGMENT AMJAI) KHAN, J.- By this application under Section 25-A of the Family Courts Act. 1964 Mst. A/eem Bibi seeks transfer of a suit for restitution of conjugal rights brought by the respondent which is now pending before Mr. Ashiq Muhammad Fai/, Judge Family Court, Bahawalnagar.
2. Respondent has been personally served for his appearance in this Court today but has not turned up despite order passed on 18.2.1990 to stay the proceedings in his own suit, which fact alone is sufficient to saddle him with the knowledge of pendency hereof, lt seems that he is not minded to contest this petition and is. Therefore, placed cx-parlc.
3. Parties were married several years before but their relations have got strained with the result that the petitioner, who is an orphan, has come over to live with her brother in village Banga Tehsil and District Bahawalpur where she has maintained a suit for dissolution of marriage in the Court of learned Senior Civil Judge, lt is urged that it will not be feasible for the petitioner to attend to litigation pending in two different Courts because suit of the respondent is pending at a station I'.Ir OF from the place of her abode.
4. Clearly, common questions of law and fact are likely to arise in the rival suits brought bv the parties and, hence, to avoid conflict in their decisions they deserve to be decided simultaneously by one court and since convenience of a lady-litigant forms a determining factor with regard to forum for trial of family cases, therefore, it is obvious that both the suits should be tried in the Court of learned Senior Civil Judge, Bahawalpur. Suit of the respondent is, therefore, withdrawn from the Family Court at Bahawalnagar and is made over to learned Senior Civil Judge, Bahawalpur for its trial, if not consolidated with her suit at least on the same dates to enable both the suits to be decided simultaneously.
5. Learned Family Judge at Bahawalnagar will forthwith remit the record of the relevant suit to the learned transferee Judge at Bahawalpur to enable him to proceed with the trial thereof in the manner indicated above.
6. This application is allowed in the above terms without any order as to costs.