Application for the Transfer of the Case from one District court to another District Court. ( In High Court)

IN THE HON’BLE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI.

Transfer Application                                         /2014.

Mst. AAA D/o BBB resident of House No. 1, Street No. 1,Block V , Satellite Town , District Attock.

……Petitioner

VERSUS

1.         CCC S/o DDD Resident of House No. 100, Street No. 200, Block V , Satellite Town, Tehsil and District Rawalpindi.

2.         Judge Family Court, Rawalpindi.

……Respondents

Application u/s 25-A west Pakistan Muslim Family Court Act 1964 for transfer of case titled “CCC VS AAA” pending before Hon’ble Court of Mr. ZZZ Judge Family Court / Civil Judge Rawalpindi.

Respectfully Sheweth:-

1.         That brief fact of this petition is that petitioner filed suit for dissolution of marriage and recovery of dowary articles before Judge Family Court Attock on 04.02.2014. In counter blast the respondent filed a suit for restitution of conjugal rights on 06.05.2014; it is pending adjudication before the Court of Mr. ZZZ Judge Family Court Rawalpindi.

2.         That the petitioner seeks transfer of above case titled “CCC VS AAA” from Judge Family Court Rawalpindi to learned Judge Family Court  Attock  on following amongst others:-

GROUNDS

1.         That the petitioner filed suit for dissolution of marriage on 04.02.2014 and recovery of dowary articles before institution of suit for restitution conjugal rites on 06.05.2014.

2.         That suit filed by the respondent is in fact counter blast of petitioner’s suit.

That the petitioner is living with her parents at village KKK since her desertion.

3.         That residence of petitioner is Attock  and it is admitted by the respondent in his suit of conjugal rights.

4.         That it is in interest of justice if both the suits mentioned above are decided by the same Court at  Attock .

5.         That plaintiff is a pardanashin lady and it is not possible and convenient for the petitioner to defend the suit filed by the respondent at Rawalpindi.

Under the above circumstances, it is most respectfully prayed that suit for restitution of conjugal rights titled “CCC vs AAA ” pending before learned Mr. ZZZ Judge Family Court Rawalpindi to learned Mst. YYY Judge Family Court  Attock .

Petitioner

Through

Dated:                                           Name of Advocate / lawyer

                                                          Advocate High Court.

                                                                        C.C.No. 00000.

Certificate: -

It is certified that this is first writ petition which is being filed before this Hon’ble Court. Further more it is certified that the subject matter is not decided or not pending before the Hon’ble Supreme Court of Pakistan.

                                                                                                Counsel

IN THE HON’BLE LAHORE HIGH COURT RAWALPINDI BENCH RAWALPINDI.

CM No.                                           /2014.

IN

Transfer Application No.                                /2014

Mst. AAA  V.S                 BBB etc

Petition under section 151 CPC

Respectfully Sheweth:-

1.         That the above petition has been filed in this Hon’ble Court, which is likely to succeed. The contents of main petition may be considered as integral part of this petition.

2.       That if the proceedings of trial Court / Judge Family Court Rawalpindi are not stayed / stopped the petitioner will suffer irreparable loss.

3.       That balance of convenience lies in favour of petitioner.

Under the above circumstances, it is, respectfully prayed that proceedings of trial Court / Judge Family Court Rawalpindi may very kindly be stayed till the final decision of this petition.

                                    Petitioner

Through:

Name of Advocate / Lawyer

                                                          Advocate High Court .

C.C. No. 00000