In any event it is settled position of law that in Suit before the Court of plenary jurisdiction subject to provisions of Sections 16 to 20 of Code of Civil Procedure 1908, t

 In any event it is settled position of law that in Suit before the Court of plenary jurisdiction subject to provisions of Sections 16 to 20 of Code of Civil Procedure 1908, the territory of place of residence of the defendant is to be followed. Therefore, it is held that if a hardship or inconvenience is to be compared or evaluated between husband and a wife the precedence is to be given to the hardship and inconvenience of a wife being a female. Since on merits as well as in the facts and circumstances the prayer for transfer of proceeding from one district to another has a substance and the instant case satisfies the tests of law the conversion of one proceeding into another shall not be problematic. As the technical rules unless insurmountable should yield to interest of substantial justice.

Therefore, contrasting the legal effect of the principle of conversion; the precedence of wife for determining a convenient forum; and the principle of hardship, this Court converts the instant Transfer Application from Section 25-A of the West Pakistan Family Courts Act, 1964 into an Application under section 24 of CPC wherein this Court has ample power on its own motion or on an Application of any of the parties to transfer any Suit to any Court subordinate to it.

Transfer Application No.35804 of 2021
Mst. Saira Arif. Vs. Amir Ali.