MUHAMMAD ILYAS, ACTG, CJ.-This petition has been made by one Mansab Khan for transfer of a suit for jactitation of marriage brought against him by his wife, Mst. Shazia Kausar which is pending' before Mr. Jehan Dad Khan Banth, Judge, Family Court, Lahore. The Petitioner has filed a suit for restitution of conjugal rights which is being heard by Mr. Manzoor Mirza, Judge, Family Court, Sargodha. The petitioner has prayed that the respondent's suit may also be transferred to the said Court at Sargodha.
2. In view of the nature of the two suits, common question of law and fact are likely to arise therein.
Conflicting findings on such questions can be avoided if both the suits are heard and decided by one and the same Court, Besides, if the two suits are allowed to be tried 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 Sargodha to resist the suit instituted by the former. It is, therefore, my desire that one of 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 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 male but the respondent is a female, I feel that she deserves to be accommodated in preference to the petitioner. Accordingly, I do not accept this petition and dismiss it with no order as to costs.