' Respondent No,1 Mst. Zahida Begum was the wife of petitioner Muhammad Shabbir. She instituted a suit for dissolution of her marriage against the petitioner before the Judge Family Court, Pasrur.
The suit was resisted. As many as eight issues arising out of the pleadings of the parties were framed by the learned trial Judge. The learned Judge Family Court, after recording the evidence of the parties and hearing them, dissolved the marriage of the parties on the basis of `Khula'. The petitioner has challenged the aforesaid judgment and decree by means of this Constitutional petition.
2. It is contended by the learned counsel that the issues framed by the learned trial Court were not decided on the basis of evidence of the parties. Learned counsel also says that the benefits, received by respondent No,1 from the petitioner when the marriage was solemnized, have not been determined for their return to the petitioner.
3. There is no substance in the argument raised and argued by the learned counsel. The learned Judge Family Court, after discussing the entire evidence, came to the conclusion that the parties cannot live within the limits prescribed by Allah Almighty as husband and wife. Learned counsel next argues that benefits received by respondent No,1 have not been returned to the petitioner. No finding has been given by the learned trial Court regarding the benefits received by her from the petitioner when the marriage between the parties took place. There is no force in the contention of the learned counsel. This is definitely a civil liability. The petitioner, if so advised, may institute a separate suit for the recovery of benefits allegedly given by him to his wife respondent No,1 at the time of his marriage with her. Reliance may be placed in that behalf on the rule laid down in Akhlaq Ahmad v. Kishwar Sultana PLD 1983 SC 169. Learned counsel wholly failed to point out any legal flaw in the impugned judgment and decree of the learned trial Court.
4. Accordingly, this petition being without substance is dismissed, leaving the parties to bear their own costs.