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K.L.R. 1994 Civil Cases 402

ROZINA KHATOON vs MUHAMMAD YOUSAF

CitationK.L.R. 1994 Civil Cases 402
CourtLahore High Court
Case No.T.A. No. 93/94,
Date1994-03-02
Judge(s)Munir A. Sheikh
ResultN/A

ORDER

MUNIR A. SHAIKH, J.- Nobody has appeared on behalf of the respondent to oppose this application in spite of service, therefore, he is hereby proceeded against ex-parte.

2. The petitioner's suit for recovery of maintenance allowance for herself and for her children is pending in the Court of Mian Khadim Hussain, learned Judge Family Court Shakargarh. Another suit filed by the petitioner for dissolution of marriage against the respondent is also pending before the same Court at Shakargarh. She seeks transfer of suit filed by the respondent against her for restitution of conjugal rights titled "Muhammad Yousaf Vs. Rozina Khatoon" at present pending in the Court of Mr .Mustafa Tanvir, learned Judge Family Court Pasroor.

3. The petitioner is a female and I am persuaded to accept the argument that it would be inconvenient for her to travel to Pasroor alongwith her children to defend the suit filed by the respondent. According to the best knowledge of learned counsel for the petitioner the respondent has not so far filed any application for transfer of the petitioner's suits to Pasroor, therefore, in my view if the respondent has to go to Shakargarh to defend the su* filed against him no further inconvenience would be caused to him if his own suit is also transferred to Shakargarh where he could prosecute the same while appearing in the suits filed by the petitioner.

4... ... This application is allowed. The suit titled "Muhammad Yousaf Vs. Rozina Khatoon" filed by the respondent for restitution of conjugal rights pending in the Court of Mr .Mustafa Tanvir, leamed Judge Family Court, Pasroor, is withdrawn from his Court and transferred to the Court of Mian Khadim Hussain, learned Judge Family Court Shakargarh which shall be decided alongwith other two suits pending in his Court. This transfer application is disposed of.

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