M.MAHBOOB AHMAD, CJ- This petition under section 25A of the West Pakistan Family Courts Act, 1964, seeks transfer of the suit for restitution of conjugal rights, tilled Muhammad Mahoob Ahmad versus Mst. Nasira Parveen, from the Court of Judge Family Court, Hasilpur, district Bahawalpur, to the Court of Judge Family Court, Jhang, before whom the petitioner's suit against the respondent for dissolution of marriage is pending.
2. The learned counsel for the petitioner has raised the following contentions-
(i) That the marriage of the parties was performed at J hang to which place the petitioner returned on falling out with the respondent/her husband and that is why she has instituted the suit for dissolution of marriage at Jhang whereas the respondent, as a counter-blast, has filed the suit for restitution of conjugal rights at Hasilpur, district Bahawalpur;
(ii) that the petitioner is a Parda Nashin lady and it will be inconvenient for her as compared with the respondent to go all the way from Jhang to Hasilpur to defend herself there; and
(iii) that common questions of law and facts are likely to be involved in the two suits between the parties and therefore, in order to avoid conflict of judgments, it is desirable that the two suits are tried by one and the same court.
3. The respondent has not appeared to contest this petition. He has been proceeded against ex parte. The contentions raised as above on behalf of the petitioner are, therefore, going unrebutted.
4. In view of the foregoing position, this petition is allowed and it is directed that the suit for restitution of conjugal rights, titled Muhammad Mahboob Ahmad versus Mst. Nasira Parveen, be withdrawn from the Court of Judge Family Court, Hasilpur, district Bahawalpur, and entrusted to the Court of Judge Family Court, Jhang, for adjudication in accordance with law. There will, however, be no order as to costs.
The parties shall appear before the transferee Court in the suit transferred on 11th June 1994.
The Court at Hasilpur from which the suit has been withdrawn shall ensure that the record of the case reaches the transferee Court well if advance of the date fixed above.
The transferee Court is further directed to make it certain that in future same dates of hearing are given in the two suits between the parties to avoid inconvenience to them.