Learned counsel for the respondent objects to the transfer of the case to Bahawalnagar saying that the petitioner's parents reside in Faisalabad and the marriage was also contracted in Faisalabad. In reply, it was submitted by the learned counsel for the petitioner that the petitioner is a Pardahnashin lady and apprehended harm at the hands of the respondent and, therefore, she first went of Karachi where, too, she was followed by him. According to learned counsel for the petitioner, she then shifted to Bahawalnagar and started living with her aunt with a view to saving her life. The reasons furnished by the petitioner are supported by an affidavit and there is no counter affidavit. Therefore, prima facie, the petitioner appears to be justified in invoking the jurisdiction of the Family Court of Bahawalnagar.
2. While deciding this application a would, therefore, not like to give a definite opinion regarding tire question of territorial jurisdiction, This question can be properly resolved after recording evidence. If the respondent still insists that the Court at Bahawalnagar has no jurisdiction to hear the suit of the petitioner, he should raised an objection in this behalf before the Court concerned and if the said Court finds that the objection is correct, the Court will itself return the plaint for presentation before a proper Court, if and when question in this regard is raised before the learned Family Court it will be decided by the said Court without being influenced by anything said by me in this order.
3. With these observations, this petition is accepted and the respondent's suit is transferred from the Court of Ch. Muhammad Azhar, Judge, Family Court, Faisalabad to the Court of Mian Altaf Hussain, Judge, Family Court which is seized of the petitioner's suit for dissolution of marriage.
There shall be no order as to costs.