1. ' MUHAMMAD AFZAL ZULLAH, J.-- This petition for leave to appeal is directed against the judgment dated 19-7-1983 of the Peshawar High Court; whereby, on a constitutional petition filed by the respondent (wife) a two-fold decree for dissolution of her marriage with the petitioner, and also for dower amount of Rs, 10,000 was restored.
2. ' The decree regarding dower was earlier set aside in appeal by the District Court on the ground that the decree for dissolution should have been on ground of Khulah in addition to grounds of non-maintenance and cruelty. That being so the said modified decree, would oblige her to forgo the dower amount as compensation for Khulah. The High Court however held that the decree for dissolution of marriage on ground of non-maintenance and cruelty not being appealable it could not have been modified by the District Court in exercise of appellate jurisdiction so as to add the ground of Khulah.
3. ' Learned counsel for the petitioner has tried to defend the appellate judgment by the argument that the appeal against decree for dower being competent, the District Court, notwithstanding the bar in section 14 of the Family Courts Act could allow the said appeal on any ground available to the petitioner.
4. We do not agree with him. The bar in section 14 is such that, in the circumstances of the case the decree for dissolution of marriage could not have been modified (sic) in a collateral manner. The intention as also the language of the bar in section 14 have been violated by the appellate judgment. It was rightly set aside. This petition accordingly is dismissed.