' Petitioner's matrimony with Aman Ullah respondent solemnized on l-3-1977 yielding four issues with three surviving namely Khadija Begum (12), sajad Aman Ullah (11), Majid Aman Ullah (8), the latter having been delivered at his maternal-grandfather's house during petitioner's desertion upon internment from the matrimonial place of abode by the respondent retaining the children, fell a prey to irretrievable estrangement.
2. Three quarters of a decade later the petitioner recourse to suits claiming maintenance and custody of the minors which were dismissed on 18-2-1990 for failure to adduce evidence on account of her captivity in `Darul Aman'.
3. Contemporaneously she sought dissolution of the marriage on the ground of habitual cruelty and Khula` on 7-2-1990 to which the respondent responded with a suit for restitution of conjugal rights on 12-3-1991 and the Judge, Family Court, Gujranwala seized of the matter framing the following consolidated issues from the pleadings of the parties:--- "(1) Whether defendant treated the plaintiff with habitual cruelty? OPP.
(2) Whether the defendant has failed to pay maintenance to the plaintiff for a period of more than two years before the institution of this suit? OPP.
(3) Whether defendant has illicit relations with women of ill-repute? OPP.
(4) Whether the defendant has failed to perform the marital obligations for a period of three years before the institution of this suit? OPP.
(5) Whether the plaintiff is entitled to a decree on the basis of Khula`, if so, on what terms and conditions? OPP.
(6) Whether the suit of the plaintiff is not maintainable in its present form? OPD.
(7) Whether the plaintiff is mentally unfit, if so, its effect? OPD.
(7-A) Whether the defendant Aman Ullah is entitled to a decree for restitution of conjugal rights?
OPD.
(8) Relief."
' On the basis of the evidence adduced comprising the petitioner P.W.2 Muhammad Riaz P.W.1 and that of respondent as D.W.1 dismissin petitioner's suit for dissolution of marriage decreed that of the respondent foe restitution of conjugal rights on 28-10-1991 which on appeal was affirmed vide the impugned judgment dated 28-6-1992 by the learned District Judge Gujranwala.
4. Legality whereof presently has been assailed contending misreading evidence, prolonged desertion of over 11 years including intermittent lodging `Darul Aman', exposure to the rigors of deprivation of the custody of the wedlock's issue with demonstrated aversion for the respondent utterly ruling out even remote possibility of reconciliation of the parties to live as spouse within the limits prescribed by God, volunteering to waive her right of maintenance, dower and dower; factum whereof practically remained unquestioned at the trial and stands affirmed by the petitioner on multiple occasions during the course of these proceedings.
5. Confronted therewith learned counsel for the respondent couldn't dislodge the contentions from the record.
6. Consequently, granting the petition, the impugned order is set aside and reversing the findings petitioner's suit for dissolution of marriage is decreed on the ground of Khula` upon her waiver of right to maintenance, dower and dowery, leaving the parties to bear, their respective costs.