' SHAHJI RAHMAN KHAN, J. This writ petition is directed against the judgment dated 7-11-2007 passed by Additional District Judge-VII, Peshawar whereby appeal of Mst. Firasat Bibi against the judgment dated 28-7-2007 passed by the learned Judge Family Court-XI, Peshawar, for dissolution of marriage, maintenance and dower against petitioner/husband namely Muhammad Noor, was accepted.
2. Brief facts of the case are that respondent No,1 (wife) had filed a suit in the Family Court, Peshawar for dissolution of marriage, maintenance and dower against the petitioner/ husband.
The suit was resisted by filing written statement and, from their pleadings, the learned Judge Family Court put the parties to trial on the various issues. The learned Judge Family Court, after recording, pro and contra evidence, dismissed the suit of respondent No, 1 . Thereafter, the respondent No,1 preferred an appeal before appellate Court against the judgment of the trial Court and after hearing both the parties, the appellate Court partially accepted the appeal of respondent No,1 to the extent of dissolution of marriage and half share of house mentioned in the `Nikah Nama' against the petitioner.
3. We have heard the representative of the petitioner at length in motion and have carefully gone through the record appended with the petition.
4. It is evident from the perusal of the record, that on 19-5-2007, respondent No,1 had filed a family suit in the Family Court for dissolution of marriage, dower and other maintenance against the petitioner/ husband. The suit was resisted by petitioner by filing written statement. From their divergent pleadings, the learned trial Court, put both the parties to trial on various issues. After recording pro and contra evidence, the learned trial Court,-vide detailed judgment dated 28-7- 2007, non-suited the respondent No,1/wife. Feeling aggrieved, respondent No,1, filed an appeal before the learned appellate Court. After hearing both the parties, the learned -appellate Court partially accepted the appeal and judgment of the learned trial Court was reversed and decree for dissolution of marriage was granted in favour of respondent No,1 against the petitioner with dower in the shape of half portion of the house referred in the Nikah Nama Deed Exh.P.W.1/1 and Exh.D.W.4/2. Rest of the claims of the respondent No, 1/wife were turned down with no order as the costs.
5. Being dissatisfied with the judgment of the appellate Court, the petitioner/husband has come to this Court in the instant writ petition.
6. In the constitutional jurisdiction, the High Court could not interfere in the judgment and decree passed by the Court of competent jurisdiction for the reason that it is within the exclusive jurisdiction of Judge, Family Court to believe or disbelieve the evidence. In this case, the learned appellate Court has properly scrutinized in great detail the evidence of both the parties and have given proper jurisdiction in partially accepting the appeal of the respondent No,1 and we have also scanned the evidence of both the parties and found no misreading, illegality or any irregularity or jurisdictional defect in the impugned judgment of the appellate Court. Therefore, no interference is warranted in the impugned judgment of the learned appellant Court in exercise of the constitutional jurisdiction of this Court.
7. Thus finding no merit and substance in the instant writ petition, the same is hereby dismissed in limine.