M. MAHBOOB AHMAD, CJ.- This petition under Section 25-A of the West. Pakistan Family Courts Act, 1964 seeks transfer of the suit for restitution of conjugal rights titled "Farrukh Waseem Bokhari Vs. Mst. Zunaira Shamim" from the court of Mr. Gulzar Ahmed Butt, Judge Family Court Dera Ghazi Khan to the court of Mr. Abdul Qadir Shad, Senior Civil Judge/Judge Family Court Rawalpindi before whom the petitioner's suit against the respondent for jactitation of marriage is pending.
2. The learned counsel for the petitioner has raised the following contentions in support of the petition: -
(i) that the father of the petitioner who is in Government service was posted at Rawalpindi where the petitioner was residing with him and that is why the petitioner had filed the suit at Rawalpindi.
In the same context he submits that although the father of the petitioner has been transferred, the petitioner is still residing at Rawalpindi as is borne out from the certificate produced today and placed on record;
(ii) that the suit of the petitioner is earlier in time than that of the respondent which he has filed as a counter-blast just to cause harassm ent to the petitioner;
(iii) that the petitioner is a Pardahnashin lady and in the attendant circumstances of th controversy apprehends danger to her life if she is made to go to Dera Ghazi Khan to defend herself there; and
(iv) that common question of law and facts are likely to be involved in the two suits between the parties and, therefore, in order to avoid conflict of judgment, it is desirable that both the suits are fried by one and the same Court.
3. On the other hand the learned counsel for the respondent has submitted that the respondent has no objection to the transfer of his suit to Rawalpindi but he requests that the suits be entrusted to some other Court than that of the Senior Civil Judge as he is on friendly terms with the father of the petitioner.
4. Having given consideration to the controversy involved, I am of the view that the contentions raised on behalf of the petitioner have force. These also find support from the precedent case law on the subject of transfer of suits arising under the Family Courts Act between the same parties.
5. Otherwise also the respondent has not objected to the transfer. So far as the contention raised on behalf of the respondent that the court seized of the case of the petitioner has friendly relations with the father of the petitioner is concerned I suffice by observing that this is a bald allegation which has not been substantiated in any manner whatsoever.
6. In view of the foregoing discussion, allowing this petition, I would direct that the suit for restitution of conjugal rights titled "Farrukh Waseem Bokhari Vs. Gulzar Ahmad Butt, Judge Family Court, Dera Ghazi Khan and entrusted to the court of Mr. Abdul Qadir Shah, Senior Civil Judge/Judge Family Court. Rawalpindi for adjudication in accordance with law.
7. There will be no order as to costs.
8. The parties shall appear before the transferee court on 30th November, 1991.
9. The court at Dera Ghazi Khan 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.
10. The transferee court is further directed to make it certain that in future same dates are given in the two suits between the parties so that no extra inconvenience is caused to them.