1. ' The petitioner has filed the present petition to challenge the judgment and decree passed by the Court XXth Civil Judge and Family Court Judge at Karachi in Family Suit No, 1447 of 1981. He seeks an order from this Court in exercise of its Constitutional jurisdiction to the effect that the 'judgment, whereby his marriage with respondent No,1 has been dissolved, is of no legal effect, and is opposed to law.
2. ' I have heard Mr. Muhammad Ehsan Shaikh.
3. ' The brief facts are that respondent No, 1 who is aged about twenty years and is serving as a School Teacher was married to the petitioner. Allegations were made by respondent No, 1 in the plaint that the marriage was arranged by misrepresentations and by taking her photos with the petitioner, presumably to show that the respondent was in love with the petitioner. It is stated that Nikah was performed, a dower of Rs,1,51,000 was fixed, but the marriage was not consummated.
4. The case of the respondent was that the petitioner was already having two wives and twelve children, and she, therefore, did not want the marriage to be consummated. It was also alleged by the respondent that the petitioner had obtained some signatures on some writings for the purpose of transferring some property to her and her relatives, but it seems such promises were not fulfilled.
5. A written statement was filed by the petitioner, challenging the averments, and he also filed a suit for restitution of conjugal rights. Both these suits, viz. The suit filed by the respondent for dissolution of marriage and the suit filed by the petitioner for restitution of conjugal rights were tried together, and the following issues have been framed: "(1) Whether Nikahnama is a valid document, prepared according to law? If not its effect?
(2) Whether plaintiff married with her consent and free will?
(3) Whether the plaintiff is entitled to be dissolution of marriage by way of Khula'.?"
6. ' The learned Civil Judge held all the three issues in the affirmative, so that the effect was that there was a valid Nikah with consent and free will of respondent, but the Civil Judge also held that respondent was entitled to dissolution of marriage by Khula'.
7. ' In regard to the third issue, which has been determined in favour of the respondent, the learned Civil Judge had taken care to consider all the pieces of evidence that were available on the record.
8. The learned Civil Judge to notice of a statement made by the respondent in her evidence to the effect that she did not like to live with the wives of the petitioner and would rather prefer death to such life. The learned Civil Judge also took notice of another statement in A the evidence of the respondent to the effect that the conduct and character of the petitioner has developed such a version in her mind towards the petitioner that she hates and dislikes him. The marriage has not been consummated, and still there was no much of hatred misunderstanding and suspicion in the minds of the parties that they could not live together. On such state of evidence, the finding recorded by the learned Civil Judge does not appear to be even incorrect what to speak of being opposed to law. Normally, this Court does not interfere with findings on fact recorded by civil Courts in regular suits after taking into consideration all the evidence and disposing of the case be a reasoned judgment. All these requisites appear to have been fulfilled by the judgment that has been delivered by the learned Civil Judge.
9. ' I see no reason to interfere in this case in exercise of Constitutional jurisdiction, and I dismissed this petition in limine.