M.MAHBOOB AHMAD. C J.-- This petition under section 25-A of the West Pakistan Family Courts Act, 1964, seeks transfer of the suit for restitution of conjugal rights, titled Allah Ditta versus Mst. Shaheen Kausar, from the Court of Senior Civil Judge/Judge Family Court, Bhakkar, to the Court of Mr. Nazir Ahmad Tahir, Judge Family Court, Pakpattan, 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 Pakpattan where the petitioner is residing with her parents since the date of her marriage and that is why she has instituted the suit for dissolution of marriage at Pakpattan whereas the respondent, as a counter-blast, has filed the suit for restitution of conjugal rights at Bhakkar;
(ii) 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;
(iii) That the petitioner is a woman and it will be difficult and inconvenient for her to go all the way from Pakpattan to Bhakkar to defend herself there whereas the respondent, who is a male and has not sought transfer of the petitioner's suit, will suffer no such inconvenience as he in any case will have to go to Pakpattan to defend himself; and
(iv) That the petitioner apprehends bodily harm at the hands of the respondent if she goes to Bhakkar.
On the other hand, the respondent, who is present in Court, states that he also apprehends danger to his life if he goes to Pakpattan to defend himself there.
3. Having given consideration to the controversy involved, I am of the view that the contentions raised on behalf of the petitioner have force. These find support from the precedent case law on the subject of transfer of suits arising under the Family Courts Act between the same parties.
4. As regards the apprehension of danger to life to either of the parties from each other, as alleged by both of them, I suffice by observing that in such an event as well the husband's case has to be transferred as he being a male is in a better position to secure himself as compared to a lady litigant.
5. In view of the foregoing discussion, I would allow this application and direct that the suit for restitution of conjugal rights, titled Allah Ditta versus Mst. Shaheen Kausar, be withdrawn from the Court of SCJ/Judge Family Court, Bhakkar, and entrusted to the Court of Mr. Nazir Ahmad Tahir, Judge Family Court, Pakpattan, for adjudication in accordance with law. However, there will be no order as to costs.
The parties shall appear before the transferee-Court at Pakpattan in the suit for restitution of conjugal rights as well on 26.1.1992, the date already fixed in the suit for dissolution of marriage pending before the said Court.
The court at Bhakkar from which the suit has been withdrawn shall ensure that the record of the case reaches the transferee Court well in advance of the date fixed above.
The transferee Court at Pakpattan shall fix the same dates of hearing in future in both the suits between the parties to avoid inconvenience to them.