JAWAID NAWAZ KHAN GANDAPUR, J.---The petitioner was married to respondent No. l in the year 1988. The spouses lived happily for some times but then their relation became strained and respondent No. l is alleged to have left the house of the petitioner husband without any rhyme or reasons. The petitioner stated that he tried his level best to bring the respondent (wife) to his house and in this respect sent quite a few Jirgas to the parents of respondent No. 1. However, his efforts did not materialise and resultantly he filed a suit for restitution of conjugal rights against respondent No. 1.
2. As a counterblast, respondent (wife) also instituted two suits against the petitioner i.e., one for tree recovery of dower amount/maintenance allowance and the second for the dissolution of her marriage. In the meantime the petitioner husband contracted a second marriage without the permission of the respondent---wife.
3. All the three suits were consolidated and the Judge, Family Court, by its judgment/decree dated 7-3-1996 dissolved the marriage, by way of Khula and dismissed the petitioner's suit for restitution of conjugal rights.
4. Aggrieves by the said judgment/decree of the Family Court the petitioner-husband challenged its vires before the Zila Qazi, Chitral, who vide his judgment/decree dated 9-6-1996 dismissed the appeal. Hence this writ petition.
5. It is now well-established principle of law that where the Legislature, in its wisdom, has specifically taken away the right of appeal then in that case the High Court shall not exercise its discretionary powers under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 unless and until special circumstances exist i.e., where the lower Courts have acted without jurisdiction, lawful authority or have acted in clear violation of any law. In case Pakistan Burmah Shell Ltd. v. Mrs. Nasreen Irshad and others reported as 1989 SCM R 1892, the Hon'ble Supreme Court of Pakistan observed:--- "(b) Interpretation of statutes--- .... Where the law takes notice of a particular situation and makes a provision of it, then the legislative intent must be given effect to and respected. "
6. We have heard the learned counsel for the petitioner at length and are of the considered view that he has failed to pinpoint any illegality committed by the lower forums who have given valid reasons for their conclusions,
7. No reason exists and none indeed has been made out as to why should we interfere with the well-reasoned judgment of the Zila Qazi which is neither arbitrary nor perverse. This writ petition is without any substance and is accordingly dismissed in limine.