Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------S.7(2), proviso---West Pakistan Family Courts Rules, 1965, R.6--­Constitution of Pakistan (1973), Art.185 (3)---Transfer of guardianship application to the place of residence of wife--Plea raised by the husband was that under R.6 of West Pakistan Family Courts Rules, 1965, suit for dissolution of marriage or dower could only be competently filed before the Family Court where wife ordinarily resided---Validity---Irrespective of suit for dissolution of marriage and dower, under the proviso to S.7(2) of West Pakistan Family Courts Act, 1964, suit for maintenance, personal property, belongings of wife, custody of children and visitation rights of parents to meet their children could also be instituted before Family Court where wife resided---Record showed that wife was residing with her son at place. `J' in the house of her parents--Guardian Judge at place `J' had the jurisdiction to try the suit---Guardian petition had been rightly withdrawn from Family Court at place `C' and was transferred to Family Court at place `J'---Order of transfer was proper and it did not require any interference---Leave to appeal was refused. Pirzada Noor Ali Shakoori, Advocate' Supreme Court and M.A. Zaidi, Advocate on Record for Petitioner. Respondent (in person). Date of hearing: 17th September, 2004. ORDER ABDUL HAMEED DOGAR, J.---Petitioner seeks leave to appeal against the order dated 24-5-2004 passed by learned Chief Justice in Chambers of Lahore High Court, Lahore whereby Transfer Application No.161-L of 2004 filed by respondent was allowed and Guardian Petition titled: "Muhammad Iqbal v. Parveen Iqbal, etc." was transferred from the Court of Senior Civil Judge/Family Judge, Chakwal to the Court of Family Judge, Jhang. 2. Precisely, the facts leading to the filing of the instant petition are that petitioner Muhammad Iqbal and Mst. Parveen Iqbal respondent had married about 20 years back and out of that wedlock three sons, namely, Adil Iqbal, Zain-ul-Abidin and Muhammad Awais were born and are alive. In the year 1995, petitioner went to United Kingdom where he contracted second marriage with permission of respondent and also…

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