1. ' Learned counsel for the petitioner is present. But no one has appeared for the respondent, nor the respondent has appeared in person. The record shows that the respondent was served under Order VI, rule 17, C. P. C. But he refused to accept notice for hearing of this case today. In that view of the matter, I am left with no other alternative except to proceed ex parte. I have already pointed out that the petitioner has instituted a suit for dissolution of marriage against the respondent on the 20th of October 1976, before the Judge, Family Court at Gujranwala. This suit is pending there.
2. Subsequently, i,e, on the 5th of November 1976, as a counterblast the respondent instituted a suit for restitution of conjugal rights against the petitioner which is pending before the Judge Family Court at Multan. The prayer in this petition under section 5-A of the West Pakistan Family Courts Act, 1964 is that the respondent's suit for restitution of conjugal rights titled "Abdul Hameed v. Mst.
3. Iqbal Naseem" be transferred from the Judge, Family Court at Multan to the Judge, Family Court at Gujranwala where the dissolution suit titled "Mst. Iqbal Begum v. Abdul Hameed" was pending. It is evident that the dissolution suit was filed earlier in time and the restitution suit was filed later. The petitioner is a lady and she resides at Gujranwala. Since the suit was instituted prior in time, it would be in accordance with law to transfer the restitution suit instituted at Multan to Gujranwala. I, therefore, direct that the respondent's suit for restitution of conjugal rights titled "Abdul Hameed v.
4. Mst. Iqbal Naseem" be transferred from the Court of Judge, Family Court at Multan to the Court of Khan Sanaullah Khan Sayal, Judge, Family Court at Gujranwala, who should consolidate these two cases and after hearing both the sides dispose of the two cases together. With this direction this petition is disposed of.