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K.L.R. 1994 Civil Cases 235

(Mst) PARVEEN AKHTAR vs SULTAN AHMAD WATTOO

CitationK.L.R. 1994 Civil Cases 235
CourtLahore High Court
Case No.Crl. Misc. No.177 of 1993, .
Date1993-12-15
Judge(s)Khalil-ur-Rehman Ramday
ResultN/A

ORDER

KHALIL-UR-RAHMAN RAMDAY, J.- The petitioner seeks transfer of her complaint filed against her husband under sections 5 and 6 of the Muslim Family Laws Ordinance, 1961, from the Court of Assistant Commissioner, Chishtian to any Assistant Commissioner at Multan for adjudication on the ground that the petitioner does not expect a fair and impartial trial from the Assistant Commissioner, Chishtian, due to the influence of respondent No. l. It is added that the petitioner is a Government servant and a permanent resident of Multan city and she is unable to pursue her complaint at Chishtian as on account of threats of respondent No.I she feels unsafe there.

2. As this complaint emanates from disputes between husband and wife both were directed to appear before this Court in order to resolve the controversy amicably. Both the parties appeared and explained their respective position. It appears that the petitioner presently does not want divorce but insists on residing at Multan as she has her own family problems but at the same time wants to carry on the prosecution of her husband. The dispute arose between the spouses on account of the circumstances in which both find justification of their respective attitude.

3. As regards the request to transfer the complaint it is to be noted that the petitioner herself instituted this complaint at Chishtian and the respondent has also been summoned to face the trial. The apprehension that she does not expect fair and impartial trial from the Assistant Commissioner, Chishtian, appears to be unfounded. The other plea that the petitioner does not feel safe at Chishtian has also not impressed me as the respondent is admittedly practising at Bahawalpur and not at Chishtian. The petitioner's near relatives are also practising law and they appear to be assisting her in prosecution of her complaint. The petitioner having herself chosen Chishtian as the place of trial no justification is made out for seeking transfer of the complaint case from the said place as well as from the said Court. This petition, therefore, fails and is dismissed.

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