' The petitioner through this application seeks transfer of case titled "Muhammad Faisal Hayat Khan v. Mst. Fareeha Naz" suit for declaration pending in the Court of Mian Khadim Hussain, Civil Judge, Vehari.
2. Notice was sent to the respondent through the learned Senior Civil Judge, Multan and the report of the Process-Server is that he went on the spot and it was told that Muhammad Faisal Hayat Khan respondent had gone to Vehari to harvest the crop of wheat and the date of his return is not known, therefore, service was effected by affixing notice on the ordinary place of the residence of the respondent. The respondent did not appear despite service by affixation. As such he is proceeded ex parte.
3. It is contended by the learned counsel for the petitioner that the suit for dissolution of marriage filed by the petitioner is prior in time and that there is likelihood of conflict of judgments in the event of separate trial of the suits and both the suits are inter connected and relate to the matrimonial dispute arising from the Nikah sermonized on 14-10-1994 between the parties and as such as a matter of policy should be heard by the one Court and that the respondent has filed the suit only after receiving the knowledge of the institution of the suit of the petitioner as counter blast and that the petitioner is a lady of tender age and she apprehends mischief from the hands of the respondent who is an influential landlord of District Vehari and she has also received threats from him about her kidnapping. As such visit of Vehari by the petitioner will not be without danger and she will not be able to pursue the suit filed against her and that even otherwise the law favours in consolidating the suits at the place where the suit of the woman is instituted and pending for decision and that both the parties, are residents of Multan, Nikah was also sermonized at Multan and it will not create any problem to the respondent if his suit is transferred from Vehari to Multan.
4. The relevant law regarding the transfer of cases is contained in section 25-A of the West Pakistan Family Courts Act, 1964 (Act XXXV of 1964) which is reproduced for ready reference:-- "2'..1-A. Transfer of cases.--- (1) Notwithstanding anything contained in any law the High Court may, either on the application of any party or of its own accord, by an order in Writing;
(a) transfer any suit or proceeding under this Act from one Family Court to another Family Court in the same district or from a Family Court of one district to a Family Court of another district; and
(b) transfer any appeal or proceeding under the Act from the District Court of one district to the District Court of another district.
(2) A District Court may, either on the application of any party or of its own accord, by an order in writing, transfer any suit or proceeding under this Act from one Family Court to another Family Court in a District or to itself and dispose it of as a Family Court.
(3) Any Court to which a suit, appeal or proceeding is transferred under the preceding subsections, shall, notwithstanding anything contained in this Act, have the jurisdiction to dispose it of in the manner as if it were instituted or filed before it: ' Provided 'that on the transfer of a suit, it shall not be necessary to 'commence the proceedings before the succeeding Judge de novo unless the Judge, for reasons to be recorded in writing, directs otherwise."
In deciding the application for transfer of cases the guiding principal is that the convenience of the parties be looked into. In the present case, the case of the petitioner for dissolution of marriage is pending before the Judge, Family Court, Multan and is earlier in time while the suit filed by Faisal Hayat Khan against the petitioner Mst. Fareeha Naz is pending before the learned Civil Judge, Vehari. Both the suits relates to the same Nikah ceremonized on 14-104994 and the deciding factor in such cases is the convenience of the female. The factor of apprehension of mischief by the petitioner is further in favour of the contention of the petitioner. As such the petition merits to be allowed and the same is hereby allowed and the suit for declaration titled, "Muhammad Faisal Hayat Khan v. Mst. Fareeha Naz" is withdrawn from the Court of Mian Khadim Hussain, Civil Judge, Vehari and is entrusted to the Court of Mr. Shahzada Salim, Civil Judge/Judge Family Court, Multan, for its trial along with the suit for dissolution of marriage.
5. No order as to costs.