Case Details

Citation(s)
2010 SLG 2773 = 2010 SLD 2773 = 2010 MLD 992
Lahore High Court
Transfer Application No165-C of 2009, decided on 23rd June, 2009.
Presented By: Mian Saqib Nisar, J

NASREEN BIBI and 5 others---Petitioners

VERSUS

SHABBIR HUSSAIN---Respondent

Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. & S. 25-A---Guardians and Wards Act (VIII of 1890), S.25---Plaintiff (wife) filed suit for recovery pf maintenance allowance 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'---Defendant had also filed a petition for appointment of guardian and custody of minors, which was pending adjudication in the court at place `L'---Under provisions of S.25-A of the West Pakistan Family Courts Act, 1964 the suit and the petition filed by the defendant in the court at place `L' were liable to be transferred to Family Court at place `G' where the suit of plaintiff for recovery of maintenance allowance was pending adjudication---Suit and petition of the defendant pending in the courts at place `L' were to be withdrawn and transferred to the Family Court at place 'G', where the suit of the plaintiff was pending---Order accordingly. Agha I.A. Imran for Petitioners. Chaudhry Rashid Ahmad for Respondent. ORDER MIAN SAQIB NISAR, J.---The learned counsel for the petitioners contends that petitioner No.1 and the respondent are married, but are separated; she and the other petitioners (minor children for the parties) are living at Gujranwala where they have filed a suit for the recovery of maintenance allowance against the respondent,…
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