This Constitutional petition is directed against the judgment and decree, dated 16-4-1995, of Additional District Judge Faisalabad.
2.The facts in brief are that the parties were married on 16-4-1993 for a consideration of deferred dower of Rs, one lac. On 20-2-1994, the Petitioner filed a suit for dissolution of marriage, inter alia, on the grounds of habitual cruelty, bad character and Khula, After recording the evidence of the parties on the respective issues the learned trial Court vide its judgment and decree, dated 19-9- 1994. decreed the petitioner's suit on the basis of Khula and the petitioner plaintiff was ordered to deposit Zar-e-Khula of Rs,12,000 uptil 29-9-1994 in the Court, aggrieved whereby, both the parties filed the separate appeals which were decided by the learned First Appellate Court by the single judgment and it was held by the Appellate Court the condition of payment of Rs,12,000 on account of Khula was without jurisdiction. Accordingly the said condition was held to be illegal. However, it was also held by the First Appellate Court that for dissolution of marriage on account of Khula the petitioner shall have to forego her claim for,dower money of rupees one lac. The petitioner is aggrieved only of that portion of the judgment of the First Appellate Court whereby it has been held that she is not entitled to make any claim for the dower money.
3. The judgment of the First Appellate Court has been assailed in this Court, by the learned counsel only on the ground that under section 14 of the Family Courts Act, 1964 no appeal is competent against a decree passed by a Family Court for dissolution of marriage and as such it is contended that the learned First Appellate Court ought to have dismissed both the appeals.
4. I am afraid that the contention of the learned counsel for the petitioner has no force. It has been held in Mst. Mehmooda Begum v. Muhammad Iqbal (1989 M LD 311 (Lahore) and Basharat Hussain v.
Ijaz Bibi and others (1991 CLC 1328 (Lahore) that the decision of the Family Court on the question of Zar-e-Khula is subjected to appeal under section 14 of West Pakistan Family Courts Act, 1964.
5.As a result of the above, this petition is dismissed leaving the parties to bear their own costs.