Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S. 25-A---Transfer of suit---Petitioner wife seeking transfer of suit for restitution of conjugal rights pending in Court at place ' N' in Court at place ' L' where her suit for dissolution of marriage was pending, had contended that she was ordinarily residing at place ' L' where she had filed suit for dissolution of marriage---Copy of Nikahnama placed on record clearly showed that parties were married at place ' N' and it had also been proved that petitioner wife was also putting up at place ' N' and that suit for dissolution of marriage was filed by her at place ' L' simply to procure ex parte decree---Court in exercise of its suo Motu powers vested in it under S. 25-A of West Pakistan Family Courts Act, 1964, withdrew suit for dissolution of marriage pending in Court at place ' L' and transferred same to Court at place ' N' where same would be heard and decided alongwith suit for restitution of conjugal rights filed by respondent husband: Mehboob Ahmad. v. Additional District Judge PLD 1976 Kar. 978 and Mst. Nasim Akhtar v. Ali Hassan Niak PLD 1981 Lah. 134 ref. JUDGMENT This application has been filed under section 25-A of the West Pakistan Family Courts Act, 1964 for transfer of suit for restitution of conjugal rights titled "Sooba v. Mst. Kaneez Bibi" pending in the Court of Mr. Muhammad Nasim Akhtar, Judge Family Court, -Narowal to the Court of Mr. Shahid Rafique, Judge Family Court, Lahore where suit for dissolution of marriage titled as "Mst. Kaneez Bibi v. Sooba" was pending. 2. It has been submitted on behalf of the petitioner that since the petitioner was a lady and was ordinarily residing at Lahore, therefore, the Judge Family Court at Lahore had the jurisdiction to try the said suit and relied on Mehboob Ahmad v. Additional District Judge (PLD 1976 Karachi 978). It was further stated that both the suits were at preliminary stage and that the suit of the petitioner was filed prior in time and that the respondent was an influential person and the petitioner apprehended danger at the hands of respondent at Narowal. 3. The application was contested by the learned counsel for .the respondent on the…

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