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2010 C.L.R. 200

Ghulam Rasool vs A.D.J.

Citation2010 C.L.R. 200
CourtLahore High Court
Case No.Writ Petition No. 6967 of 2008
Date2009-05-06
Judge(s)Pervaiz Inayat Malik
Resultpetition dismissed

ORDER

PERVAIZ INAYAT MALIK, J. --- The petitioner and respondent No. 2 contracted marriage in accordance with Muslim Rites on 10.10.2006, statedly their relations became strained . Resultantly a suit for dissolution of marriage as well as for recovery of dowry articles was filed by respondent No. 2 in the Court of learned Judge Family Court Chichawatni, District Sahiwal which was decreed vide judgment and decree dated 20.01.2007 to the extent of dissolution of marriage, however, for the recovery of articles of dowry as many as four issues were framed which was partially decreed finally vide judgment and decree dated 20.09.2007 to the extent of Rs. 70,250/- only. Being dis-satisfied therefrom, the respondent No. 2 filed an appeal before the learned Additional District Judge, Sahiwal at Chichawatni, which was allowed vide judgment and decree dated 06.10.2008 and the decretal amount regarding articles of dowry was enhanced to the tune of Rs. 2,20,000/- which has been assailed through this Constitutional petition.

2. It is inter alia contended that the learned Additional District Judge, proceeded to pass the impugned judgment without applying his judicious mind; that the respondent No. 2 did not produce any evidence in support of his contentions that the learned Trial Court, had rightly proceeded to pass the decree in the sum of Rs. 70,250/-. The learned Additional District Judge, Sahiwal has mis-read the evidence on record.

3. I have heard the learned counsel for the petitioner at quite some length and with his able assistance have also gone through the entire record.

4. I find that the learned Judge Family Court, Chichawatni erred in law by not granting the decree for a higher amount inspite of the fact that sufficient evidence was available on the record, which error was rightly rectified by r the learned Additional District Judge. Both the impugned judgments and decrees on principle are concurrent in nature and the mis-reading of part of the record by the learned Judge Family Court stood rectified. No illegality or material irregularity worth mentioning has even been pointed out. I am not, therefore, inclined to interfere in the well-reasoned judgment passed by learned Appellate Court. This petition, therefore, being devoid of any merits is hereby dismissed.

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