Issues in Suits for Dissolution of Marriage in Pakistan:
Transfer of case, application
for-Plaintiff had filed suit for dissolution of marriage in Pakistan and
recovery of dowry articles. Plaintiff had filed suit for dissolution
of marriage in Pakistan and recovery of dowry articles which was
pending in the Court at place "L". Defendant had also filed suit for
recovery of amount against the plaintiff, which was pending in the Court at
place "G'. Plaintiff had sought transfer of Suit for recovery of amount
filed by the defendant which was pending in the Court at place “to the Court at
place "L" where her suit was pending. Contention of the plaintiff was
that she was living at place "L" with her mother, who was an old lady
and, could not pursue the case filed by defendant at place "G"'.
Appeal for Transfer of Suit for Dissolution of Marriage in Pakistan:
Defendant had opposed transfer
application stating that same had been filed just to harass him, which fact was
apparent from the order passed by Family Court at place "L" that
plaintiff's side was very influential and that filing of transfer application
was just to refrain him from pursuing his case; and that instead of
transferring the case of defendant from place "G", the case pending
at place "L could be transferred to place "G". Record of the
case had revealed that plaintiff's side along with some lawyers of the local
bar had attacked defendant in the Court and had caused serious injuries to him
as well as his brother. Criminal case in
that regard had already been registered against plaintiff's side. Submissions
made on behalf of the defendant had full support from the order of the Family
Court and F.l.R. lodged by the defendant.
Judgment of Suit for Dissolution of Marriage in Pakistan:
Case was already ripe for
pronouncement of judgment in the near future. Transfer of the case at that
stage would not be proper, in circumstances which were declined. Transfer of
suit from one District to another District. Applicant had not taken any valid
and cogent ground for transfer of suit. Such plea could not be a ground for
transfer of suit. Transfer of case. Transfer of case was claimed on the
grounds, firstly, that applicant was residing at place "K” Court dismissed
transfer application in secondly, the address of respondent had wrongly been
mentioned by the respondent before the Court below; and thirdly, respondent had
contracted marriage without dissolution of marriage in Pakistan. All said
grounds as urged by the applicant, did not call for transfer of the case.
Result will be issued by Family Court:
Family Court had jurisdiction
when the girl had shown her residence and territorial jurisdiction was not
governed by his residence without nothing was on record that
plaintiff/respondent had changed or adopted the residence to defeat the
territorial jurisdiction of any Court. No cogent reason for transfer of case
was made out, in circumstances. High Court observed that applicant should
approach the Trial Court, if at all he was able to convince the Court as to its
territorial jurisdiction, the Court could pass such order as could be
necessary. Wife who is not resident in Pakistan can seek transfer of case from
one District to another District. Power u/s 25-A can be exercised by High Court
suo motu. Transfer application. Petitioner pardanashin lady and also
apprehended trouble at the hands of the respondent in the event of coming to
the district to defend the application made against her of the custody of
minor. Petitioner deserved accommodation in preference to the respondent in
circumstances.
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