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K.LR. 1994 Civil Cases 421

(Mst.) SHABANA NAZLI vs AFTAF AHMAD

CitationK.LR. 1994 Civil Cases 421
CourtLahore High Court
Case No.T.A.No. 696-C of 1993
Date1994-02-26
Judge(s)Ihsan-ul-Haq Chaudhry
ResultN/A

ORDER

IHSAN-UL-HAQ CHAUDHARY, J.- This is an application under section 25- A of the Family Courts Act, 1964 for transfer of the case filed by the respondent. The petition was admitted and notice was issued to the respondent, who has not appeared inspite of service.

2. The learned counsel for the petitioner in support of the petition argued that the petitioner has filed suit for dissolution of marriage, which is pending in the court of Ch. Abdul Hameed, Judge, Family Court, Lahore while the suit of the respondent for restitution of conjugal rights is pending in the court of Mr. Shahid Naseer, Judge, Family Court, Gujrat. It is maintained that in order to avoid contradictory decisions both the suits should be heard and decided by one and the same court.

The arguments are concluded with the submission that it is not possible for the petitioner to defend the suit at Gujrat.

3. I have given my anxious considerations to the arguments of the learned counsel for the petitioner. There can't be two opinions that both the suits should be heard am1 decided by one and the same court in order to avoid contradictory decisions. The petitioner is a female and her convenience is to be preferred to that of the respondent. The application is supported by an affidavit, which has not been controvert. The result is that this application is allowed. The suit titled Altaf Ahmad vs Mst. Shabana Nazli pending in the court of Mr. Shahid Naseer, Judge, Family Court, Gujrat is withdrawn and is made over to Ch. Abdul Hameed, Judge, Family Court, Lahore for the trial in accordance with law. There is no order as to costs.

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