Law: Family Courts Act, 1964

Section: 12A,25A

West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 12-A & 25-A---Plaintiff (wife) filed suit for maintenance, recovery of dower as well as recovery of dowry articles against the defendant (husband) in the court at place 'G', while defendant as a counterblast had instituted a suit for restitution of conjugal rights against the plaintiff in the court at place `L'---Plaintiff (wife) pleaded danger to her life, inconvenience and risk of passing contradictory s by the Courts---Validity---Held, it was not easy for a lady to travel alone to another District to pursue a case and would have to bear the travel expenses; it was always desirable that family suits were tried, heard and decided by one and the same court so as to avoid conflicting s---Suit of the defendant pending in the court at place 'L' was directed to be withdrawn and transferred to the Family Court at place 'G', where the suits of the plaintiff were pending---Suit for maintenance instituted by the plaintiff has not been decided within six months, as was required under S. 12-A of the West Pakistan Family Courts Act, 1964, therefore, Judge Family Court was directed to make sure that the proceedings in both the suits were carried out expeditiously, bringing them to a close within a month---Order accordingly. ORDER MAHMOOD AHMAD BHATTI, J.---Mst. Shazia, the petitioner filed this petition under section 25-A of West Pakistan Family Courts Act, 1964, seeking withdrawal and transfer of a suit for restitution of conjugal rights titled "Sohail Nazir v. Mst. Shazia Zamurad" pending in the Court of learned Judge Family Court, Layyah to the Court of learned Judge Family Court Kot Addu, District, Muzaffargarh, where her suit for maintenance is pending adjudication. 2. A perusal of the documents annexed to the petition shows that Mst. Shazia instituted a suit for maintenance, recovery of dower as well as recovery of dowry articles on 30-1-2013. The suit is said to be pending in the Court of learned Judge Family Court, Kot Addu, District Muzaffargarh. It seems that Sohail Nazir respondent did not take it lying down. He came up with a suit for restitution of conjugal rights. This suit was instituted by him on…

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