---S. 25-A--Transfer application--Convenience of the lady--Suit must be heard where lady was residing--

 PLJ 2011 Lahore 150

Punjab Family Courts Act, 1964 (XXX of 1964)--

----S. 25-A--Transfer application--Convenience of the lady--Suit must be heard where lady was residing--Petitioner was a woman and there were so many judgments that convenience of ladies should been seen first and moreover was hardly at a distance of 15 k.ms from Awan-e-Addal Lahore--No case for transfer was made out--Petition was dismissed.       [P. 151] A & B

Raja Muhammad Munir, Advocate for Petitioner.

Mr. Liaquat Ali Cheema, Advocate for Respondent.

Ch. Muhammad Hanif Khatana, Addl: Advocate General Punjab on Court's call.

Date of hearing: 18.5.2010.

 PLJ 2011 Lahore 150
Present: Kh. Muhammad Sharif, C.J.
KASHIF MERAJ--Petitioner
versus
JUDGE FAMILY COURT, FEROZEWALA, DISTT. SHEIKHUPURA and another--Respondents
T.A. No. 185-C of 2010, decided on 18.5.2010.

Order

In continuation of my order dated 18.5.2010, learned counsel for the petitioner adds that he has placed on record a certificate of Secretary Union Council concerned; that Respondent No. 2 is residing with her parents at Lahore; that in order to cause inconvenience to the petitioner she has filed suit for recovery of dowry at Tehsil Ferozewala, District Sheikhupura and according to Muslim Family Law the suit must be heard and decided at Lahore where the respondent is residing.

2.  On the other hand, learned counsel for the respondent submits that convenience of the lady is to be seen; that petitioner after giving physical torture to the respondent turned out her from his house, thereafter, she lives in the house of her parents where petitioner gives her threats of dire consequences and in order to earn her livelihood she shifted her residence at Muridkey and filed suit at Tehsil Ferozewala.

3.  Learned Addl: Advocate General after getting instructions from SI present in Court submits that he has gone to the house of Respondent No. 2 but she was not available and he was informed by the inmates of the house that respondent in order earn her livelihood is residing at Muridkey.

4.  Heard. Petitioner is a woman and there are so many judgments that convenience of ladies should been seen first and moreover, Tehsil Ferozewala is hardly at a distance of 15 K.Ms from "Awan-e-Addal", Lahore. Report of SI present in Court also shows that respondent in order to earn her livelihood lives in Muridkay, District Sheikhupura.

5. In this view of the matter no case for transfer is made out; therefore, this petition is dismissed and the suit filed by the respondent shall be heard and decided at Tehsil Ferozwala.

 (R.A.) Petition dismissed.