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2001 YLR 1074

Syed TAHIR LAL SHAH BUKHARI vs Syed RIAZ HUSSAIN SHAH BUKHARI

Citation2001 YLR 1074
CourtLahore High Court
Case No.Transfer Application No,611-C of 1998
Date2001-07-25
Judge(s)Falak Sher
ResultApplication allowed

ORDER

' Petitioner's daughter Mst. Ansar Bokhari's matrimony solemnized with the respondent's brother Altaf Hussain on 11-4-1995 proved to be short lived since within a couple of months they fell apart eventually resulting into her desertion in December, 1995 hereafter she filed suit for Dissolution of Marriage (No, 215 of 17-10-1997) before Mr. Ashfaq Ahmed Rana, Judge Family Court Jehlum while her spouse had preferred a suit for restitution of conjugal rights (No,153 of 30-9-1996) before Mr. Ziaul-Qamar, Judge Family Court Gujrat which was transferred to Jehlum according the petitioner's daughter's Application (No,121C of 1998) on 26-3-1999, during the interregnum the respondent preferred a suit against the petitioner for recovery of Rs,2,00,000 (No,292 of 24-6-1998) pending adjudication before Mr. Debar Bakhat, Civil Judge Phalia District Mandi Baha-ud-Din for seeking transfer thereof to Jehlum as well, has recourse to the present petition contending to have maliciously involved for extraneous consideration in view of the matrimonial litigation.

2. Wherein despite repeated service effected through multitudinal processes including under registered cover A/D in addition to telegraph is communication and ordinary process the respondent has opted not to join the proceedings, thus is proceeded against ex parte.

3. Consequently persuaded by the contentions urged being well-based and having remained undislodged granting the petition the respondent's afore-mentioned suit .Is transferred from Phalia District Mandi Baha-ud-Din to the Court of Senior Civil Judge Jehlum for its entrustment to any Court of competent jurisdiction.

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