MUHAMMAD ILYAS, ACTG. CJ.- Mst. Azra Parveen is were of the respondent, Rana Saeed Ahmad. She has made this petition for transfer of a suit for restitution of conjugal rights brought against her by the respondents. That suit is pending before Mr .Khalid Mahmood Cheema, Judge, Family Court, Lahore. The petitioner had also filed a suit for dissolution of marriage before Mr. Muhammad Jamil, Judge, Family Court, Kamalia, District Toba Tek Singh, which was dismissed. Feeling aggrieved by the judgment and decree passed in her suit, the petitioner has preferred an appeal which is pending before the District Judge, Toba Tek Singh.
2. It is obvious that if the petitioner's appeal and the respondent's suit for restitution of conjugal rights are heard by the Courts now seized of them, the petitioner will have to come to Lahore to defend the suit brought by the respondent and the latter will have to visit Toba Tek Singh to resist the appeal preferred by the former. It is, therefore, my desire that one of the parties should be saved of the bother and expense to which she/he would be put for going to a place other than the place of her/his residence to contest the suit/appeal against her/him. Which of the two parties should be helped in this regard is the question which now falls for consideration. Since the petitioner is a female but the respondent is male, and also the petitioner apprehends trouble at the hands of the respondent in the event of her coming to Lahore to defend the suit brought against her, I feel that she deserves to be accommodated in preference to the respondent. Accordingly, I accept this petition and transfer the respondent's suit from the said Family Court of Lahore to Kamalia. The learned District Judge will entrust the case to the Family Court other than the one which had dismissed the suit of the petitioner, or hear it himself. If the case is not heard by the learned District Judge himself, he may consider the question of staying proceedings in the petitioner's appeal till the disposal of the suit brought by the respondent. There shall be no order as to costs.