MJHAHHOOB AHMAD, CJ.- 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 Asad Ullah versus Irshad Bibi, from the Court of Senior Civil Judge/Judge Family Court, Layyah, to the Court of Ch. Muhammad Rafiq, Judge Family Court, Kasur, before whom the petitioner's suit against the respondent for dissolution of marriage is pending.
2. The learned counsel for the petitioner has contended that the petitioner is bona fide residing in a Mohallah of Kot Radha Kishn with her mother and that is why she has instituted the suit at Kasur whereas the respondent, as a counter-blast, has instituted the suit for restitution of conjugal rights at Layyah.
The next contention of the learned counsel for the petitioner is 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.
Lastly, the learned counsel for the petitioner has submitted that the petitioner is a Parda Nashin lady and it will be highly inconvenient and hazardous for her to go all the way from Kasur to Layyah to defend herself there whereas the respondent, who is a male, will not suffer such an inconvenience as he in any case will have to come to Kasur to defend himself in the suit filed by the petitioner, against him he having not sought transfer of the petitioner's suit.
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, I allow this petition and it is directed that the suit for restitution of conjugal rights, titled Asad Ullah versus Irshad Bibi, be withdrawn from the Court of Senior Civil Judge/Judge Family Court, Layyah, and entrusted to the Court of Ch. Muhammad Rafiq, Judge Family Court, Kasur, for adjudication in accordance with law. There will, however, be no order as to costs.The parties shall appear before the transferee Court on 24th March 1994.The Court at Layyah from which the suit has been withdrawn, shall ensure that the record of the case transferred reaches the transferee Court well in advance of the date fixed above.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 extra-inconvenience to them.