M.MAHBOOB 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 "Ahmad Ali Vs. Mst. Shahnaz Bibi" from the Court of Senior Civil Judge/Judge Family Court, Jhang to the Court of Rai Shafiq Ahmad Bhatti, Judge Family Court, Multan before whom the petitioner's suit against the respondent for dissolution of marriage is pending.
2. The learned counsel for the petitioner contends:-
(i) that the marriage of the parties was performed in the district of Multan to which place the petitioner returned on falling out with the respondent/her husband and that is why she has instituted the suit there;
(ii) that the respondent has filed suit to cause harassment to the petitioner;
(iii) that common questions of law and facts are likely to be involved in the two suits between the parties, therefore, in order to avoid conflict of judgments, it is desirable that both the suits are heard decided by one and the same court; and
(iv) that the petitioner is a woman and it will be difficult and inconvenient for her to go all the way from Multan to Jhang to defend herself there whereas the respondent, who is a male will suffer no such inconvenience as he in any case will have to go to Multan to defend himself there, he having not sought transfer of 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 un- rebutted. They otherwise also find support from the precedent case law on the subject of transfer of suits arising under the Family Courts Act, 1964.
4. In view of the foregoing position, allowing this petition, I would direct that the suit for restitution of conjugal rights titled "Ahmad Ali Vs. Mst. Shahnaz Bibi" be withdrawn from the Court of Senior Civil Judge/Judge Family Court, Jhang and entrusted to the Court of Rai Shafiq Ahmad Bhatti, Judge Family Court, Multan for adjudication in accordance with law.
5. Since the respondent has not appeared to contest this petition, there will be no order as to costs.
6. The parties shall appear before the transferee Court on 15.1.1992.
7. The Court at Jhang from which the suit has been withdrawn shall ensure that the record of the case reaches the transferee court well in advance of the date fixed above.
8. It is also directed that the transferee court shall fix the same dates of hearing in the two suits between the parties to avoid inconvenience to them.