Law: Family Courts Act, 1964

Section: 25A

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 25-A---Transfer of case---Convenience of female and children---Scope---Both wife and husband instituted suits at different places---Wife filed an application for transfer of case of husband at the place where her suit was pending---Validity---Husband had filed suit at place "X" prior to the institution of suit of wife at place "Y"---Court should see the convenience of female and children while deciding transfer application---Wife was Parda observing lady having two children who had to look after both of them---Husband could undergo hardship but lady and suckling baby could not bear the same---Distance between two places was so far that wife along with her babies could not travel and appear before the court at place "X" easily---Family cases should be tried by one and the same court at the place where wife was residing to avoid any conflicting ---Suit filed by husband was withdrawn and entrusted to the Family Court at place "X" for adjudication in accordance with law---Application for transfer of case was accepted in circumstances. ORDER MUHAMMAD DAUD KHAN, J.---This is a transfer application under section 25-A, West Pakistan Family Courts Act, 1964, filed by the petitioner/wife Mst: Shabana Begum and others. 2. The brief facts out of which the present application arises are that the petitioner/wife and respondent solemnized marriage since 5 years back in accordance with Sharia. Out of the wedlock of the parties, two children i.e. petitioners Nos.2 and 3 born and now residing with the petitioner at Karak. The relationship of the spouses became strained and filed their respective family suits against each other. The petitioners filed their suit in the Court of Civil Judge/Judge Family Court, Takht-e-Nasrati, Karak for:-- (a) Recovery of maintenance at the rate of Rs.6000 per month and Rs.2000/- per month as maintenance for children i.e. petitioners Nos.2 and 3. (b) Suit for recovery of Rs.8000/- per month for medical treatment for minor Suhana i.e. the petitioner No.3 as she is suffering from cancer. (c) 20 Tolas gold as dower. (d) Recovery of Dowry articles as per list. 3. On the other hand the respondent…

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