Suit Transfer of Dissolution of Marriage in Pakistan:
Transfer of family suits in
dissolution of marriage in Pakistan should be done on merit. Transfer of
applications from both husband and wife. Wife ordinarily resided and worked in
L and had to look after her son who was living with her and studying in local
school and in these circumstances if she was compelled to go to S on each date
of hearing in connection with the three suits between the parties, it was not
difficult to imagine the enormity of her inconvenience and brother while it
would not be as disturbing for husband if the suits filed by him were
transferred to L. Suits were ordered to be transferred to L in circumstances.
8. Transfer of a suit was not available. Where provision for transfer of a suit
was not available in a statute such defect, held could lead to denial of
justice and could be cured by resort to provisions of Article 203 of the
Constitution of Pakistan, 1973, High Court in exercise of Constitutional
jurisdiction ordered transfer of family suit from Court at H to Court at K 9.
Application by wife for transfer of suit
of dissolution of marriage in Pakistan was valid.
Appealed By Wife For Transfer of Suit For Restitution of Conjugal Rights:
Application by wife for transfer
of suit filed against her by her husband for restitution of conjugal rights at
S to Lon the ground that she was living L with her parents. Contention of wife
was that she apprehended danger at the hands of her husband in the event of her
going to S to defend the suit brought against her by the husband. Affidavit was
filed by wife in support of her contention while no counter-affidavit was filed
by husband. High Court ordered the transfer of case from S to L accordingly.
Transfer of case. dismissal of her suit for dissolution of marriage in Pakistan
before District Judge at TTS while husband had filed suit for restitution of
conjugal rights against the wife at L Application for transfer of case by wife
on the ground that she apprehended trouble at the hands of her husband in the
event of her coming to L to defend the suit brought against her.
Order of High Court for Suit Transfer of Dissolution of Marriage:
High Court ordered the transfer
of husband's wife had filed appeal against not difficult to imagine the
enormity of her inconvenience and brother while it would not be as disturbing
for husband if the suits filed by him were transferred to L. Suits were ordered
to be transferred to L in circumstances. 8. Transfer of a suit was not
available. Where provision for transfer of a suit was not available in a
statute such defect, held could lead to denial of justice and could be cured by
resort to provisions of Article 203 of the Constitution of Pakistan, 1973, High
Court in exercise of Constitutional jurisdiction ordered transfer of family
suit from Court at H to Court at K 9. Application by wife for transfer of suit
was upheld.
Transfer of Case of Dissolution of Marriage in Pakistan from S to L Accordingly:
Application by wife for transfer
of suit filed against her by her husband for restitution
of conjugal rights at S to Lon the ground that she was living L with
her parents. Contention of wife was that she apprehended danger at the hands of
her husband in the event of her going to S to defend the suit brought against
her by the husband. Affidavit was filed by wife in support of her contention
while no counter-affidavit was filed by husband. High Court ordered the
transfer of case of dissolution of marriage in Pakistan from S to L
accordingly.
