Ghulam Mustafa Mughal, J.-- This petition for leave to appeal has been directed against the judgment and decree dated 21.02.2019 passed by the Shariat Appellate Bench of the High Court in Family Appeal No.191 of 2017.
2. The facts forming the background of the captioned petition for leave to appeal are that the plaintiff/appellant, herein, filed a suit for dissolution of marriage on the ground of cruelty and non- payment of maintenance allowance, against the defendant/respondents, herein, in the Court of Additional District Judge/Judge Family Court Bhimber on 09.11.2016. The suit was contested by the other side by filing written statement, whereby, the claim of the plaintiff was refuted. It was stated that the allegations of cruelty and non-maintenance are baseless, therefore, the suit of the plaintiff may be dismissed. The learned trial Court framed issues in light of the pleadings of the parties and asked them to lead evidence pro and contra. At the conclusion of the proceedings, the learned Family Court vide judgment and decree dated 16.06.2017, dissolved the marriage on the ground of khula. The plaintiff/appellant, herein, felt aggrieved from the judgment and decree of the Family Court dated 16.06.2017 and challenged the same before the Shariat Appellate Bench of the High Court by way of appeal on 01.11.2017. The learned Shariat Appellate Bench of the High Court after hearing the parties through the impugned judgment dated 21.02.2017 has dismissed the appeal.
3. Miss Nosheen Iqbal, the learned Advocate appearing for the petitioner argued with vehemence that a suit for dissolution of marriage on the basis of cruelty and non-maintenance was filed by the petitioner, herein, before the Additional District Judge/Judge Family Court Bhimber, on 09.11.2016. She added that despite cogent evidence regarding non-maintenance as well as torture and cruelty, the learned Family court has erroneously dissolved the marriage on the ground of khula vide judgment and decree dated 19.06.2017. The learned Advocate further argued that the decree on the basis of khula was neither claimed nor the relationship between the parties warrants dissolution of marriage on the basis of khula, hence, the judgment of the trial Court was illegal which has erroneously been maintained by the learned Shariat Appellate Bench of the High Court through the impugned judgment. The learned Advocate further argued that decree on the basis of cruelty and non-maintenance was liable to be granted but both the Courts below have not appreciated the evidence in its true perspective which resulted into miscarriage of justice.
4. After hearing the learned counsel for the petitioner and going through the record made available, I am of the view that the question, as to whether, in the circumstances of this case and in presence of evidence of non-maintenance and cruelty, the decree of dissolution of marriage on the ground of khula has rightly been passed by the Courts below, is a legal question public importance which require resolution in a regular appeal. Leave to appeal is, therefore, granted. The petitioner is directed to deposited security of Rs.1000/- within one month failing which the leave granting order shall automatically be deemed to have been rescinded. The office is directed to complete the file and place the same before the Hon'ble Chief Justice for constitution of the Bench.