' MUHAMMAD ALAM KHAN, J.--- Through the instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner Iqbal Khan has called in question the judgment dated 2-4-2009 of the learned Civil Judge VIII/Judge Family Court, Bannu vide which decree for dissolution of marriage was granted in favour of Mst. Mehnaz, respondent No,1 against the petitioner.
2. Facts of the case are that Mst. Mehnaz filed a suit for dissolution of marriage on the basis of exercise of right of puberty which suit proceeded for trial and the learned trial Court after framing necessary issues and recording evidence adduced by 'the parties vide impugned judgment and decree decreed her suit. Hence this writ petition by the petitioner Iqbal Khan.
3. Learned counsel for the petitioner submitted that Mst. Mehnaz was the legally wedded wife of the petitioner and she has not exercised her right of puberty within the stipulated period as envisaged under the Dissolution of Marriages Act which provides that if the marriage/Nikah is solemnized by Guardian of a lady when she is below the age of 16 years, she can repudiate the same, before attaining the age of puberty, i,e, 17/18 years and the suit was not competent being not filed within the stipulated period.
3. We have scanned the available record of the case and considered the arguments advanced at the bar by the learned counsel for the petitioner.
4. In para.5 of the written statement filed by the petitioner, it has been specifically averred that Mst.
Mehnaz respondent is his maternal uncle's daughter whose father Hafiz Khan Nawaz was issueless for three years and his wife being an ailing lady could not become a mother. Her father-in-law was a rustic person and was not willing to treat his daughter-in-law through a Doctor but father of the respondent secretly arranged for her treatment. The parents of the respondent promised that in case a baby girl was born, she will be given to the petitioner. It was averred that a proper engagement was solemnized and a golden ring was also given to the respondent along with some wearing clothes. We have also scanned the statement of the petitioner as D.W.2 who has repeated the same story but has not averred a single word about the performance of his Nikah with the respondent. This is not the case of the petitioner that either his Nikah was performed or the respondent has not exercised her right of puberty. The overwhelming evidence led by the respondent proves that she had rightly exercised her right of puberty within the stipulated period after attaining the age of majority.
5. According to the latest view enunciated by the Federal Shariat Court that even for the exercise of right of puberty, permission of the Court is not essential and the moment the lady exercise her right, the Talaq becomes absolute in view of the dicta handed down in the case reported in the case of Said Mahmood and another v. The State PLD 1995 FSC 1.
6. The decree for dissolution of marriage on the basis of exercise of right of puberty has been passed by a Court of competent jurisdiction under section 5 of the. West Pakistan Family Court Act, 1964 referred to above where under only the Family Court is competent to pass decree. No jurisdictional defect or misreading/non-reading of evidence has been pointed out by the learned counsel for the petitioner in the impugned judgment so as to call for interference by this Court in exercise of its extraordinary constitutional jurisdiction under Article 199 of the Constitution.
7. In view of the facts and circumstances of the case narrated above, we find no substance in this writ petition which is dismissed in limine.