1. ' Petitioner has filed this Constitutional petition impugning the judgment dated 15-11-1989 passed by the Judge, Family Court, Gujrat, decreeing the suit for dissolution of marriage of respondent No,2 on the basis of Khula.
2. ' Facts briefly are that the parties entered into a marriage contract on 1st of October, 1979. The petitioner contracted a second marriage and started maltreating respondent No,2. This compelled her to file a suit for dissolution of marriage. The petitioner also filed a suit for restitution of conjugal rights. Both the suits were consolidated and the following issues were framed:-
(1) Whether the defendant treated the plaintiff with habitual cruelty? OPP
(2) Whether the defendant had failed to provide maintenance to the plaintiff for the last more than 2 years? OPP
(3) Whether the plaintiff is entitled to Khula? If so, on what terms and conditions? OPP
(4) Whether the defendant is entitled to the decree for restitution of conjugal rights? OPD
(5) Relief.
3. ' The parties produced their evidence and the learned Judge, Family Court vide his judgment dated 15-11-1989 dismissed the suit for restitution of conjugal rights of the petitioner and decreed the suit for dissolution of marriage on the basis of Khula filed by respondent No,2. Hence, this Constitutional petition.
4. I have heard the learned counsel for the parties and have gone through the impugned judgment.
5. The petitioner threw out respondent No,2 simply on the ground that she was not in a position to bear any child and he contracted a second marriage. It is reflected from the evidence that respondent No,2 was treated in a most cruel manner and even the maintenance was not provided to her. No illegality has been committed by the learned Judge, Family Court in according the decree of dissolution of marriage on the basis of Chula to respondent No,2. I have also noticed that the reconciliation has become impossible between the parties and I see no reason to interfere in the view formed by the learned Judge Family Court. Accordingly, this writ petition is dismissed in limine.
6. ' Office is directed to return the security amounting to Rs,2,000 to the petitioner Zafar Ali.