M.M AH BOOB AHMAD, CJ.-- This petition under section 25A of the West Pakistan Family Courts Act, 1964, seeks transfer of the suit for restitution of conjugal rights, titled Liaqat Ali versus Mst. Zarina Kausar, from the Court of Mr. Muhammad Anwar Chaudhry, Judge Family Court, Hasilpur, district Bahawalpur, to the Court of Mr. Sajjad Ahmad Chawan, Judge Family Court, Jhang, before whom the petitioner's suit against the respondent for dissolution of marriage is pending.
2. The learned counsel for the petitioner contents that-the marriage of the parties was performed in the district of Jhang, to which place the petitioner returned on falling out with the respondent/her husband and that is why she has instituted the suit there whereas the respondent, as a counter blast, has filed the suit for restitution of conjugal rights at Hasilpur, district Bahawalpur;
(ii) the petitioner is a Parda Nashin lady and it will be difficult and inconvenient for her to go along with her minor daughter all the way from Jhang to Hasilpur to defend herself there whereas the respondent, who is a male, will suffer no such inconvience as he in any case will have tb go to Jhang to defend himself there he having not sought transfer of petitioner's suit; and
(iii) 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 both the suits are tried by one and the same Court.
3. On the other hand, the learned counsel for the respondent contends that the marriage of the parties was performed at a village in district Toba Tek Singh but the petitioner has filed the suit for dissolution of marriage in a Court at Jhang. In reply, the learned counsel for the petitioner has submitted that Chak No. 327/GB where the marriage took place, was previously in district T.T. Singh and now it falls in Jhang district, therefore, the petitioner has instituted the suit in the Family Court at Jhang.
4. Having given consideration to the arguments advanced by the learned counsel for the parties, 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 between the same parties arising under the Family Courts Act.
5. In view of the foregoing discussion, allowing this petitioner I would direct that the suit for restitution of conjugal rights, titled Liaqat Ali versus Mst. Zarina Kausar, be withdrawn from the Court of Judge Family Court, Hasilpur, district Bahawalpur, and entrusted to the Court of Judge Family Court, Jhang, for adjudication in accordance with law. There will be no order as to costs.
6. The parties shall appear before the transferee-Court on 17th December 1991.
The Court at Hasilpur, 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.
The transferee-Court is further directed to make it certain that same dates of hearing are given in the two suits between the parties so that no inconvience is caused to them.