1. ' HABIB-UR-REHMAN SHAIKH, J.--- The petitioner has filed this petition challenging the order of Civil Judge and Family Judge-X, Hyderabad. The relevant paragraph of impugned order reproduced as under:--- "keeping in mind the submission of parties made before me and in view relevant case-law and provisions of section 10(4) West Pakistan Family Courts Act, I, hereby declare the pretrial proceedings as failed. Accordingly the suit of the plaintiff is decreed. The marriage of plaintiff Mst.
2. Rabia daughter of Allah Bachayo is dissolved with defendant Arif Nawaz- son of Muhammad Nawaz by way of khula in lieu of her dower amount."
3. ' Learned counsel contended that the Family Judge has not considered written statement and decreed the suit of the plaintiff without examining any witness and passed the judgment after failure of pre-trial in view of section 10(4) of the West Pakistan Family Courts Act, 1964. For the sake of convenience above section is reproduced below:--- "10(4) If no compromise or reconciliation is possible, the court shall frame the issues in the case and fix a date for the recording of the evidence.
4. ' Provided that notwithstanding any decision or judgment of any court or Tribunal, the Family Court in a suit for dissolution of marriage, if reconciliation fails, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mehr received by the wife in consideration of marriage at the time of marriage".
5. In the above mentioned section the Family Court is empowered to decide the matter after failure of pre-trial without examining any witness and the grievance of the petitioner is that his articles are still in possession of the respondent. The. Petitioner may file the suit for recovery of articles before the competent court of law and this petition is dismissed in limine.