Law: West Pakistan Family Courts Act, 1964

Section: 25-A , 3 (b) (iv)

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 25-A---Soldiers (Litigation) Act (IV of 1925), S.3 (b) (iv)---Transfer of suit---Suit for restitution of conjugal rights filed by husband against his wife in Court at place ' L' was sought to be transferred by wife in Court at place ' V' where her suit for dissolution of marriage was pending against her husband on ground of her being female and apprehending danger to her life and modesty at the hands of her husband if she pursued be case at place 'L: and to avoid conflicting judgment and also on the ground that marriage was' solemnized at place ' V' where she was presently residing---Application for transfer of suit was contested by husband on the ground that he was a soldier on duty in the Airport Security Force and being presently posted at place ' L' it would be difficult for him to pursue his suit for restitution of conjugal rights at place ' V'---Husband had also heavily relied -on S. 3(b)(iv) of Soldiers (Litigation) Act, 1925 to contend that he was precluded from obtaining leave of absence to attend Court at place ' V' being serving under special conditions---Contentions of husband were devoid of force as it was for the prescribed Authority to form an opinion whether a person serving under certain conditions would preclude him from obtaining leave of absence to enable him to attend a Court as a party to any proceedings---Suit for restitution of conjugal rights filed by husband, was interlinked with the suit for dissolution of marriage filed by wife and in order to avoid conflicting judgments, interest of justice demanded that both the suits should be heard and disposed of together by one Court---Husband who was   pursuing case for dissolution of marriage against him at place ' V' through his counsel, was also represented by a counsel in his suit for restitution of conjugal rights---here fact that husband was a soldier, was not sufficient ground for declining to transfer suit from Court at palce ' L' to Court at place ' V'---Wife's suit for dissolution of marriage was prior in time that of restitution of…