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1989 SCMR 173

JAN MUHAMMAD vs JUDGE FAMILY COURT and others

Citation1989 SCMR 173
CourtSupreme Court of Pakistan
Case No.Civil Petition'No. 1030 of 1985
Date1988-05-09
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultPetition dismissed

ORDER

' SAAD SAOOD JAN, .J.--The petitioner in this petition for special leave to appeal was married to Mst.

Rashidan Bibi, respondent No. 2 on 6-12-1982. Mst. Rashidan Bibi filed a suit for dissolution of marriage inter alia on the ground of Khula' and non-maintenance. The Family Court at Sahiwal decreed her suit on the ground of Khula' with the observation that she was not entitled to get back the articles of dowry and that she should surrender those articles as Zar-e-Khula. The petitioner invoked the Constitutional jurisdiction of the High Court to call in question the legality of the decree passed by the learned Family Court. A learned Single Judge in the High Court dismissed the writ petition with the observation that there was sufficient evidence to grant a decree of dissolution even on the ground of non-maintenance. The petitioner now seeks leave to appeal from this Court.

2. After hearing the learned counsel we are satisfied that there was sufficient material on the record to support the decree of the learned Family Court. We are, therefore, not inclined to interfere with it. It may be mentioned that before the learned Family Court, the petitioner had raised a question of its territorial jurisdiction but it was decided against him. He has not pressed this objection before us. His only grievance is that while decreeing the suit the learned Family Court did not call upon Mst. Rashidan Bibi to return the benefits which she had received from him. We have gone through the statement which the petitioner made before the learned Family Court. In that statement he has made no claim that he had given any property, movable or immovable, to his wife. In the circumstances, this is not a fit case where leave should be granted. The petition is dismissed.

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