WASEEM LAW ASSOCIATES:
IN THE COURT OF LEARNED DISTRICT & SESSIONS JUDGE, LAHORE.
Transfer Application No. 1211 / 2023
MUHAMMAD FAISAL RASHEED son of Abdul Rasheed Mirza resident of 15-A/8, Mason Road, Lahore.
PETITIONER
VERSUS
MAHEEN HASHIM KHAN daughter of Muhammad Hashim Khan, resident of F-39, Punjab small industries, Cooperative Housing Society. Bedian Road, Lahore Cantt.
RESPONDENTS
APPLICATION FOR THE TRANSFER OF THE SUITS FOR CONJUGAL RIGHTS, MEETING SCHEDULE, PRIVATE COMPLAINT, CONTEMPT PETITION, EXECUTION PETITION AND SUIT DOWRY ARTICLES TITLED AS "MUHAMMAD FAISAL RASHEED VS. MAHEEN HASHIM KHAN" AND "MAHEEN HASHIM KHAN VS. MUHAMMAD FAISAL RASHEED" FROM THE COURT OF MR. MUHAMMAD AZHAR FAREED LEARNED JUDGE FAMILY COURT, LAHORE TO ANY OTHER COMPETENT COURT OF JURISDICTION.
Respectfully Sheweth:
1 That the addresses of the parties given at the title are correct and sufficient for purpose of summons/notices to the parties by this Honourable Court.
2. That the above mentioned suits, petitions, complaints meeting schedule titled as "Muhammad Faisal Rasheed VS Maheen Hashim Khan" and "Maheen Hashim Khan Muhammad Faisal Rasheed before the Court of Mr. Muhammad Azhar Fareed Learned Judge Family Court, Lahore and the same is fixed for 21.06.2023 but the petitioner filed an application which is fixed for 05.05.0223 however the regular hearing of the meeting schedule is fixed for 06.05.2023.
3. That the petition under section 25 of guardian and wards Act had been decided on 08.02.2023 by the predecessor court (Muhammad Yousaf Abdul Rehrnan) Family Judge, Lahore of the court of Muhammad Azhar Fareed judge Family Court, Lahore and meeting schedule was chalked out by the Learned Family Court according to meeting schedule the minors should be handed over to the petitioner first week and third week of every month for overnight stay and also handed over the minors on second day of Eid for overnight stay and the respondent was also directed not to take the minors from beyond the jurisdiction of Family Court without permission.
4. That the petitioner on 04.03.2023 with bailiff reached the above said premises of the respondent for taking the minors for overnight stay but the respondent was not available at her home and on telephonically informed the bailiff that she is in Gujranwala with minors.
5 That when the petitioner again reached with bailiff on 18.03.2023 with bailiff reached for taking the minors, but again the respondent informed the bailiff on telephone that she is now in Multan with minors.
6. That third time on 01.04.2023 the petitioner with bailiff reached at the house of the respondent but she was not again at home and informed the bailiff that she will not hand over the minors for the petitioner at every cost.
7. That forth time on 15.04.2023 the petitioner with bailiff reache at the above said address of the respondent but again the respondent and minors were not found, the mother of respondents informed the bailiff that the respondent / her daughter and minors are not at home and went to iftari on an unknown place but she told to the bailiff that they will provide the minors on Monday in Family Court, Lahore but they did not produce the minors in the court.
8. That the petitioner after that filed an application for issuance of warrant under section 100 for the production of minors. In reply of that application the counsel of the respondent given statement that the respondent will hand over the minors to the pétitioner on second day of Eid for overnight stay and the said application was disposed of on 19.04.2023 by the Learned Family Judge, Lahore in the light of the statement of counsel of the respondent.
9. That on 23.04.2023 the petitioner with bailiff reached at the above said address of the house of respondent on second day of Eid to take the minors for overnight stay but once again the respondent refused to give the minors to the petitioner through bailiff. The all the bailiff reports are attached herewith for the kind perusal of this Honourable Court.
10. That in between these proceeding the petitioner also deposited Rs. 10,000/- on account of maintenance allowance of the minors in Learned Family Court through bank in compliance of the court orders, however according to above said circumstances, respondent is not liable to collect any maintenance allowance from the petitioner.
11. That in other cases also since long period no proceedings has been initiated since long the same proceedings are still continuing and the Learned Family Judge is not ready to take any action against the respondent in violation of the orders of Learned Family Court, Lahore.
12. That on the last many dates of hearing the Learned Judge has disclosed his mind in the open Court that he will decide the matter against the petitioner. That due to unjust behaviour conduct of the court.
13. That the Learned Judge preceded the case illegally unitawal and against the law & facts showing his biased nest towards the petitioner and in favour of respondent, hence the petitioner has no confidence upon the Honourable Court.
14. That if the titled suits/petitions / meeting schedule have not been transferred to any other competent Court, then the applicant/petitioner shall suffer an irreparable loss and injury.
PRAYER
It is, therefore, humbly prayed that under the aforementioned circumstances and in the interest of justice that the instant transfer application may very graciously be allowed and the suits for Conjugal Rights, Meeting Schedule, Private Complaint, Contempt Petition, Execution Petition and suit Dowry Articles titled as "Muhamnad Faisal Rasheed Vs. Maheen Hashim Khan" and "Maheen Hashim Khan Vs. Muhammad Faisal Rasheed" from the court of M. Muhammad Azhar Fareed Learned Judge Family Court, Lahore may very graciously be ordered to be withdrawn from the said court and thereafter be transferred the same to any other court of competent jurisdiction.
Any other relief which this Honourable Court deems fit and proper under the circumstances of the case may also be awarded.
Dated: 05.05.2023 PETITIONER
CH. M. ANWAR ISLAMIL KHAN MAYO
Advocate High Court Lahore
7-Turner-Road Lahore
Muhammad Faisal Rasheed Vs. Maheen Hasim Khan
Present: Learned counsel for the petitioner.
Nemo for the respondent.
1. By means of this petition, the petitioner Muhammad Faisal shod has prayed for transfer of suits for conjugal rights, meeting schedule, complaint, contempt petition, execution petition, suit for recovery of clowne articles as cited in head note of the petition, pending in the court abr Muhammad Azhar Fareed, learned Judge Family Court, Lahore.
2. However, at the very outset, learned counsel for the petitioner stated that he would riot press for transfer of the cases provided direction armen for early disposal of the cases.
3. IN view of above, the application is disposed of as having nor Leen pressed. However, learned trial court is directed to take up the cases on rast trow I decide the same expeditiously but as per law.
4. Copy of this order be sent to learned trial court for information and comptance.
5 File be consigned to Record Room after its completion by Ahmad [Criminal] of this court.
Announced. 12.05.2073.
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