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Mst. SAIRA ARIF vs AMIR ALI S — 2022 YLR 1051 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLR 1051 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
YLR
Parties
Mst. SAIRA ARIF vs AMIR ALI S
Subject matter
Civil
Provisions referred to
S. 25-; S. 24---T; S. 24; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. SAIRA ARIF VS AMIR ALI S. 25-a---Civil Procedure Code (V of 1908), S. 24---Transfer of case---Conversion of proceedings---Scope---applicant sought transfer of suit filed by her husband in the court of plenary jurisdiction seeking declaration and recovery of gold ornaments to the district where she was residing on the ground that a suit for dissolution of marriage and recovery of maintenance was already pending in the said district---Contention of respondent was that the application under S. 25-a of Family Courts act, 1964, was not maintainable---Validity---Generally, in matrimonial disputes, the forum of convenience for a wife took precedent---Partial cause of action of the suit filed by husband had accrued at the district where his wife was residing---Husband was already travelling from his district to another to contest the suit filed by his wife, therefore, the transfer of his suit would not cause any hardship---High Court converted the transfer application from S. 25-a of Family Courts act, 1964, into an application under S. 24 of C.P.C. and transferred the suit of husband to the district where his wife was residing---Transfer application was allowed, in circumstances.

Other judgments reported in 2022 YLR

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