Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)--- --S. 25-A---Transfer of family suit---Two suits, one filed by husband for restitution of conjugal rights and the other filed by wife for recovery of dowry were already pending at "L" while wife filed another suit for dissolution of marriage at "F' which was sought to be transferred at "L" by the husband--­Having regard for the convenience of wife, Court could not be oblivious of the fact that before instituting suit for dissolution of marriage at "F' she had herself opted to file her suit for recovery of dowry at "L"---Even if wife was at present residing at "F' she would have to come to "L" to pursue her suit for recovery of dowry, and while so doing, she could also take care of husband's suit for restitution of conjugal rights pending adjudication at "L"---Husband in circumstances could not be obliged to go to "F" to defend suit for dissolution of marriage filed against him---Wife's suit for dissolution of marriage was transferred to Family Court of "L" which was hearing husband's suit for restitution of conjugal rights. JUDGMENT Respondent, Mst. Samina Ashraf, has filed a suit against the petitioner, Anees Ahmad, for dissolution of her marriage with him. That suit is pending before Khawaja Zafar Iqbal, Judge Family Court, Faisalabad. The petitioner has also instituted a suit for restitution of conjugal rights which is being heard by the Judge, Family Court (Senior Civil Judge), Lahore. He has, therefore, prayed that the respondent's suit for dissolution of marriage may also be transferred to the Court which is seized of his suit. It has been pointed out by the petitioner that the respondent's suit for recovery of dowry, from the petitioner, is already pending at Lahore. According to the petitioner, the respondent has brought the suit for dissolution of marriage, at Faisalabad with a view to causing harassment to him. 2. It was submitted by learned counsel for the petitioner that in the suit for restitution of conjugal rights, final arguments have been heard and it is on the verge of disposal. 3. It has not been denied by the respondent that her suit for recovery of dowry is pending…

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