West Pakistan Family Courts Act (XXXV of 1964)‑
‑ S. 25‑A ‑Transfer of cases‑Wife's suit for maintenance filed at L and husband's suit for restitution of conjugal rights for custody of children filed at G‑Petitioner (wife) if required to attend proceeding at G likely to be put to greater inconvenience as compared to respondent (husband)‑Respondent's suit, transferred to L in circumstances.‑‑ [Transfer of case].
Yousuf Kazmi for Petitioner.
Muhammad Aslam for Respondent.
JUDGMENT
This order will also dispose of Transfer Application 412/C of 1980 as similar points of law and facts are involved in both the cases.
2. Petitioner Mst. Ruqqaiya Sultana has filed a suit for recovery of maintenance against the respondent who in turn has filed a suit for restitution of conjugal rights as well as for the custody of the minors. The suit filed by the petitioner is pending before Mr. Nasim Akhtar Khan, Judge. Family Court, Lahore while the suits fled by the respondent are pending before Agha Inam‑ur‑Rahim, Judge, Family Court and Mr. Zulfiqar Ali Khan, Guardian Judge, Gujranwala. The petitioner has prayed for the transfer of the aforesaid cases pending at Gujranwala to Lahore to be tried and heard along with her case.
3. It is submitted by the learned counsel for the respondent that since the interim custody of the minors has been given to his client and the minors are school going children, therefore, the cases pending at Gujranwala should not be transferred to Lahore as their educational activities will be disturbed on account of that. Be that as it may, the fact remains that if the petitioner is required to go to Gujranwa!a to attend the legal proceedings there she will be put to greater inconvenience as compared with the respondent. By transfer of the guardianship case to Lahore education of the minors would not be adversely affected. They will remain in the interim custody of respon dent till otherwise decided by the learned Guardian Judge, Lahore and will continue attending their schools at Gujranwala till that time.
4. In the circumstances the suit for restitution of conjugal rights filed by the respondent pending in the Court of Mr. Inam‑ur‑Rehman, Judge Family Court, Gujranwala as well as the application for guardianship of the minors filed by the respondent pending in the Court of Mr. Zulfiqar Ali Khan, Guardian Judge, Gujranwala, both are hereby withdrawn from the respective Courts. The suit for restitution of conjugal rights is transferred to the Court of Mr. Nasim Akhtar Khan, Judge Family Court, Lahore. He will hear and dispose of these cases along with the case filed by the petitioner for maintenance. The guardianship application is hereby sent to the District Judge, Lahore, who in turn will entrust the same to Guardian Judge at Lahore so as to be heard and disposed of according to law.
5. Both the applications stand accepted in the terms stated above.
M.Y. H.Applications accepted.
This order will also dispose of Transfer Application 412/C of 1980 as similar points of law and facts are involved in both the cases.
2. Petitioner Mst. Ruqqaiya Sultana has filed a suit for recovery of maintenance against the respondent who in turn has filed a suit for restitution of conjugal rights as well as for the custody of the minors. The suit filed by the petitioner is pending before Mr. Nasim Akhtar Khan, Judge. Family Court, Lahore while the suits fled by the respondent are pending before Agha Inam‑ur‑Rahim, Judge, Family Court and Mr. Zulfiqar Ali Khan, Guardian Judge, Gujranwala. The petitioner has prayed for the transfer of the aforesaid cases pending at Gujranwala to Lahore to be tried and heard along with her case.
3. It is submitted by the learned counsel for the respondent that since the interim custody of the minors has been given to his client and the minors are school going children, therefore, the cases pending at Gujranwala should not be transferred to Lahore as their educational activities will be disturbed on account of that. Be that as it may, the fact remains that if the petitioner is required to go to Gujranwa!a to attend the legal proceedings there she will be put to greater inconvenience as compared with the respondent. By transfer of the guardianship case to Lahore education of the minors would not be adversely affected. They will remain in the interim custody of respon dent till otherwise decided by the learned Guardian Judge, Lahore and will continue attending their schools at Gujranwala till that time.
4. In the circumstances the suit for restitution of conjugal rights filed by the respondent pending in the Court of Mr. Inam‑ur‑Rehman, Judge Family Court, Gujranwala as well as the application for guardianship of the minors filed by the respondent pending in the Court of Mr. Zulfiqar Ali Khan, Guardian Judge, Gujranwala, both are hereby withdrawn from the respective Courts. The suit for restitution of conjugal rights is transferred to the Court of Mr. Nasim Akhtar Khan, Judge Family Court, Lahore. He will hear and dispose of these cases along with the case filed by the petitioner for maintenance. The guardianship application is hereby sent to the District Judge, Lahore, who in turn will entrust the same to Guardian Judge at Lahore so as to be heard and disposed of according to law.
5. Both the applications stand accepted in the terms stated above.
M.Y. H.Applications accepted.
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