Muhammad Shafi petitioner and Mst. Hakim Bibi respondent are husband and were. The petitioner has filed suit for restitution of conjugal rights against the respondent who has filed suit for jactitation of marriage. Both the suits are being tried by Malik Muhammad Nawaz Bhatti, Judge, Family Court, Multan and evidence of both parties in the cases have since been recorded.
2. The grievance of the petitioner is that his two applications, i.e., one seeking direction to the respondent to get herself re-examined medically for determining her virginity and the other for obtaining her thumb-impression and sending it with the Nikahnama relied upon by the petitioner for comparison with bride's thumb-impression on it to the finger-print expert, were illegally dismissed on 6-12-1986 and 16-12-1986 respectively. Through this petition the petitioner wants this Court to declare both the aforesaid orders to have been passed without lawful authority.
3. I have heard learned counsel at some length and also perused the impugned orders. Learned trial Court while dismissing application of the petitioner for respondent's medical re-examination observed that Mrs. Zubaida Riaz W.M.O., Civil Hospital, had already appeared as respondent's witness and deposed about her virginity, therefore, he did not think it proper to direct respondent's re-examination for the added reason that she had refused to get herself examined for the second time. As for the second application, the Court observed that the respondent denied in the plaint her Nikah with the petitioner, therefore, the petitioner knew from the very beginning that she was not admitting her thumb-impression on the Nikahnama relied upon by him yet he did not make any application in this regard for 2-1/2 years without any reasonable excuse. He further observed that if this belated application is allowed, it would amount to filling in the lacuna of petitioner's case.
4. Having heard learned counsel, I find that both the impugned orders do not suffer from jurisdictional defect. Furthermore, the discretion exercised by the learned trial Court in dismissing petitioner's both above-noted applications does not appear to be defective in the circumstances of the case. The petitioner thus being not maintainable is hereby dismissed in limine.
N.H.Q./M-2467/L