MUHAMMAD ILYAS, ACTG. CJ.-Mst. Shazia Kausar is wife of the respondent, Mansab Khan. She was made this petition for transfer of a suit for restitution of conjugal rights brought against her by the respondent. That suit is pending before Mr. Manzoor Mirza, Judge, Family Court, Sargodha. She was prayed for the transfer of the said suit to any Family Court at Lahore, on the ground that she is living with her parents, at Lahore.
2. It has been alleged by her that she apprehends danger at the hand of the respondent in the event of her going to Sargodha to defend the suit brought against her by the respondent.
3. Plea raised by the petitioner is supported by her affidavit which has not been rebutted by the respondent by filing a counter-affidavit. I, therefore, presume that her averment is correct. She is also a female but the respondent is a male, and in cases like the one in hand more care is taken of the convenience of the female party than that of the male party. Obviously, if she is obliged to go to Sargodha to defend the suit brought by the respondent, she will be put to more bother than the one to be faced by her at Lahore where she is residing. She has, therefore, a good case for seeking transfer of the respondent's suit to Lahore.
4. This petition is, accordingly, accepted and the respondent suit is transferred from the said Family Court of Sargodha to the Judge, Family Court (Senior Civil Judge), Lahore. There shall be no order as to costs.