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1992 CLC 100

ANEES AHMAD vs Mst. SAMINA ASHRAF

Citation1992 CLC 100
CourtLahore High Court
Case No.Transfer Application No,30-C of 1991,
Date1991-09-23
Judge(s)Muhammad Ilyas
ResultOrder accordingly

' Respondent, Mst. Samina Ashraf, has filed a suit against the petitioner, Anees Ahmad, for dissolution of her marriage with him. That suit is pending before Khawaja Zafar Iqbal, Judge Family Court, Faisalabad. The petitioner has also instituted a suit for restitution of conjugal rights which is being heard by the Judge, Family Court (Senior Civil Judge), Lahore. He has, therefore, prayed that the respondent's suit for dissolution of marriage may also be transferred to the Court which is seized of his suit. It has been pointed out by the petitioner that the respondent's suit for recovery of dowry, from the petitioner, is already pending at Lahore. According to the petitioner, the respondent has brought the suit for dissolution of marriage, at Faisalabad with a view to causing harassment to him.

2. It was submitted by learned counsel for the petitioner that in the suit for restitution of conjugal rights, fall arguments have been heard and it is on the verge of disposal.

3. It has not been denied by the respondent that her suit for recovery of dowry is pending at Lahore and that proceedings in the petitioner's suit for restitution of conjugal rights have, by now, reached the stage of final decision.

4. I do have regard for the convenience of the respondent, who is a female, but I cannot be oblivious of the fact that before instituting the suit for dissolution of marriage, at Faisalabad, she had herself opted to file her suit for recovery of dowry at Lahore. Thus, even if she is now residing at Faisalabad, she will have to come to Lahore to pursue her suit for recovery of dowry, and while so doing, she can also take care of the petitioner's suit for restitution of conjugal rights pending adjudication at Lahore. In the circumstances, it would not be advisable to oblige the petitioner to go to Faisalabad to defend the suit for dissolution of marriage brought by the respondent.

5. In this view of the matter, I transfer the respondent's suit for dissolution of marriage to the Family Court of Lahore which is hearing the petitioner's suit for restitution of conjugal rights. If by the time of receipt of the record of the suit for dissolution of marriage, the petitioner's suit for restitution of conjugal rights is decided, the District Judge, Lahore, will entrust her suit for dissolution of marriage to the Court which is seized of the respondent's suit for recovery of dowry provided that Court has jurisdiction to hear her suit for dissolution of marriage. If the Court hearing the respondent's suit for recovery of dowry is not competent to try the suit for dissolution of marriage, the learned District Judge shall entrust the suit for dissolution of marriage to some other Court of competent jurisdiction.

6. With these observations, the petition is disposed of. Parties are left to bear their own costs.

Cited by 2 cases

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