1HSAN-UL-HAQ CHAUDHRY, J. -- This is a transfer application. The same was admitted to hearing and notice issued to the respondent who is not present in spite of notice. The presumption is that he is fully aware of this application as proceedings in the suits were stayed, therefore, he is proceeded ex parte.
2. It is argued that the suits filed by the parties against each other for dissolution of marriage and restitution of conjugal rights may be entrusted to one and the same Court in order to avoid contradictory decisions. It is added that while selecting the forum for trial of the family matters convenience of wife is to he preferred.
3. I have given my anxious consideration to the arguments and gone through the record. There is no cavil with the legal proposition that the suit fin dissolution of marriage by wife and restitution of conjugal rights by the husband should he heard and decided by one and the same Court in order to exclude the possibility of contradictory decisions. There is also merit in the argument of the learned counsel that while selecting the forum of trial of family suits normally convenience of wife is to he preferred. This is not all. The respondent has to appear before the Family Court at Faisalabad in the suit filed by the petitioner, therefore, if his suit is also transferred then he shall not suffer any greater inconvenience. The application is supported by affidavit which remained uncontroverted.
4. 'he upshot of this discussion is that this application is allowed with no order as to costs. The result is that the suit titled 'Rana Nisar-ul-Hag Versus Shahida' for restitution of conjugal rights, pending in the Court of Mrs. Luhna Ch. Judge Family Court, Lahore is withdrawn from that Court and is made over to the Court of Mr. Hafeez Ullah Khan, Judge Family Court, Faisalabad where the suit of the petitioner for dissolution of Marriage is. Pending. The transferee Court is directed to decide both- the suits :together, expeditiously and in accordance with law.