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2002 YLR 3880

Mst. MANZOORAN BIBI vs NOOR AHMAD and others

Citation2002 YLR 3880
CourtLahore High Court
Case No.Transfer Application No, 21 of 2001
Date2001-03-09
Judge(s)Falak Sher
ResultCase transferred

ORDER

Petitioner having contracted marriage with respondent No,1 on 11-2-1992 bearing two daughters namely Shumaila (5 years) and Bushra (3-112 years) experiencing constant estrangement was led to desertion in the year 1997 alongwith the minors whereafter she filed suit for recovery of maintenance for the minors (No 280-FC of 19-7-1997) which was decreed by Senior Civil Judge Pakpattan on 23-2-1999 against which the respondent's appeal was dismissed by a learned Additional District Judge on 8-5-1999, whereafter with a view to frustrating the same he abducted both the minor girls and for seeking their retrieval petitioner preferred a guardianship petition (No, 76 of 29-11-1999) which was decreed during ex parte proceedings by Guardian Judge, Pakpattan on 14-4-2000 against which the respondent's appeal was dismissed by the learned District Judge, Pakpattan on 26-9-2000. With a view to circumventing the same he instituted a suit for restitution of conjugal rights (No, 323 of 20-12-1997) which too was likewise decreed on 15-5-1998. Additionally through impersonation he got instituted suits for recovery of dowry articles and maintenance at the petitioner's instance which were dismissed due to non-prosecution on 4-3-2000 against which petitioner's application under section 12(2) of the C.P.C. is pending adjudication before Mr. Muhammad Younas Aziz, Civil Judge, Gujranwala in addition to the respondent's mother and father's suits against the petitioner's father tending to recover RS. 25,000 and Rs, 24,200 respectively which are pending adjudication before Mr. Arif Mehmood Khan and Mr. Shahid Mahmood, Civil Judge Gujranwala respectively. For seeking transfer of the petitioner's application under section 12(2), C.P.C. alongwith the two latter suits to Pakpattan for their adjudication by the Court already seized of the petitioner's above-referred lis has recoursed to the present petition urging feminine convenience end to avoid contradictory judgments.

2. Factum whereof remained un-controverted by the learned counsel appearing on behalf of the respondent.

3. Consequently persuaded by the contentions urged being well-based and duly borne out from the appendices granting the petition the petitioner's application contemplated by section 12(2), C.P.C. alongwith two suits referred to supra are transferred from Gujranwala to Pakpattan for their adjudication by the Court already seized of the petitioner's lis.

4. Under the circumstances there shall be no order as to costs.

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