Nikah of Mst. Kausar Perveen, petitioner, with Ghulam Rasul, respondent 1, was read on the 11th February, 1975; Rs. 15,000 were fixed as deferred dower. Rukhasti took place on the 23rd May, 1975.
The spouses lived together for a short . Time. On the 15th May, 1975, respondent 1, instituted suit for restitution of conjugal rights against the petitioner in Family Court, Lahore. The petitioner resisted the suit, inter alia, on the ground that he had not paid her dower debt. On the 31st March, 1977, the suit was decreed. The petitioner's appeal to the learned District Court having failed she, has invoked the extraordinary jurisdiction of this Court.
2. While disposing of appeal the learned Additional District Judge made observations touching- the receipt which respondent 1 had produced during the trial of the suit indicating the discharge of his liability in matter of payment of dower debt. He filed Writ Petition No. 5855 of 1978, to question the legality of the finding of the learned Additional District Judge, Lahore, regarding the receipt produced by him. This judgment will dispose of both the above writ petitions.
3. The learned counsel for the petitioner contended that the only grievance that he had against the impugned judgment was that the decree had not been made conditional on payment of dower debt by respondent 1. However, the petitioner's dower being deferred is payable to her only on dissolution of marriage by death or divorce, She cannot get its payment just on demand as happens in the case of paymentdower. Therefore, the decree of restitution of conjugal right cannot be conditioned on payment of dower. Her writ petition is without any substance and is dismissed.
4. Respondent's Writ Petition (No. 5855 of 1978) is not maintainable because finding of fact recorded by the learned appellate Court below only appraisal of evidence cannot be disturbed in writ jurisdiction. His petition is also dismissed. The parties are left to bear their own costs in both the petitions.