' This application has been filed under section 25-A of the West Pakistan Family Courts Act, 1964 for transfer of suit for restitution of conjugal rights titled "Sooba v. Mst. Kaneez Bibi" pending in the Court of Mr. Muhammad Nasim Akhtar, Judge Family Court, Narowal to the Court of Mr. Shahid Rafique, Judge Family Court, Lahore where suit for dissolution of marriage titled as "Mst. Kaneez Bibi v. Sooba" was pending.
2. It has been submitted on behalf of the petitioner that since the petitioner was a lady and was ordinarily residing at Lahore, therefore, the Judge Family Court at Lahore had the jurisdiction to try the said suit and relied on Mehboob Ahmad v. Additional District Judge (PLD 1976 Karachi 978). It was further stated that both the suits were at preliminary stage and that the suit of the petitioner was filed prior in time and that the respondent was an influential person and the petitioner apprehended danger at the hands of respondent at Narowal.
3. The application was contested by the learned counsel for the respondent on the ground that the petitioner was not ordinarily residing at Lahore and he drew the attention of this Court to the address as given by the petitioner. He contended that house No,675, Nilam Block, Allama Iqbal Town, Lahore was much, beyond the status of the petitioner and if at all the petitioner was a servant in the said house the same did not fall within 'ordinarily residing" at that place.
4. On all the dates of hearing the learned counsel for the petitioner was directed to instruct his client to, at least, put up appearance in the suit pending at Narowal of which she had sufficient notice and such notice was admitted in the present petition as well but the petitioner was obdurate and even today the learned counsel was desired to ask his client to put up on appearance at least before the Family Court at Narowal during the interregnum and that the appropriate order shall be passed thereafter. The learned counsel refused to take any steps in this matter and placed reliance on Mst. Nasim Akhtar v. Ali Hassan Niak (PLD 1981 Lahore 134), wherein it was held that it was not necessary for the party to put up the appearance in a suit which was sought to be transferred. The facts of the present case are entirely different and the obduracy shown by the petitioner in present case almost amounted to contumacious conduct and as such she did not deserve any indulgence in the matter. This matter was pending since 19-7-1994 and during all this time much of the public time has been wasted by the present petitioner and, in the circumstances, is not entitled to any indulgence by this Court, at this stage for transfer of the suit for restitution of conjugal rights from Family Court, Narowal to Family Court at Lahore. The prayer of transferring the suit from Narowal to Lahore is disallowed.
5. The copy of Nikahnama has been placed on the file which shows that the parties were married on 8-3-1981 in Ward No,1, Zafarwal, Tehsil Narowal District Sialkot and the copy of the suit for restitution of conjugal rights filed by Sooba in Family Court, Narowal so mentions the present petitioner Mst. Kaneez Bibi, as resident of Ward No,1, Mohallah Tootianwala, Zafarwal and, in the circumstances I agree with the learned counsel for the respondent that the petitioner was putting up in Zafarwal but this suit was filed in Family Court, Lahore to procure ex parte decree.
6. In view of the above and exercising the suo motu powers vested in this Court under section 25-A of the West Pakistan Family Courts Act (Act No, XXXV) of 1964 the suit for dissolution of marriage titled "Mst. Kaneez Bibi v. Sooba" pending before Mr. Shahid Refique, Judge Family Court, Lahore is withdrawn and transferred to Narowal where the same shall be heard and decided alongwith suit for restitution of conjugal rights titled as "Sooba v. Mst. Kaneez Bibi" pending in the Family Court, Narowal.