1. This petition for leave to appeal has been directed against the judgment of the Shariat Court, dated 6-6-1996, whereby the appeal filed by Mst. Dil Jan, respondent, was accepted and the judgment and decree passed by the Family Court was set aside.
2. The brief facts of the case are that two cross suits were disposed of by the Family Court; one by Mst. Dil Jan for the declaration and perpetual injunction that she was not a wedded wife of Basharat Aziz, petitioner herein, whereas the other suit for declaration and the restitution of conjugal rights was filed by Basharat Aziz, petitioner, alleging that Mst. Dil Jan was given in marriage to him by her father when she was minor but now she is not prepared to live with him as his wife. The Family Court decreed the suit filed by Basharat Aziz whereas dismissed the suit filed by Mst. Dil Jan, respondent. On appeal to the Shariat Court, the findings of the Family Court were set aside and the suit filed by Basharat Aziz, petitioner herein, was dismissed and that filed by Mst. Dil Jan for declaration that she is not wedded wife of Basharat Aziz was decreed. The present petition for leave to appeal has been preferred against the judgment of the Shariat Court.
3. It may be stated that in view of subsection (5) of section 14 of the Act known as Family Courts Act, 1993, leave to the Supreme Court is only permissible if this Court is satisfied that the case involves a substantial question of law of "public importance" and not otherwise. In the instant case, the Shariat Court has come to the conclusion that the petitioner failed to prove that Mst. Dil Jan was given to him in marriage by her father by performing Nikah according to Muslim Law. Obviously, this is a question of fact and it cannot be said that "a question of law of public importance" is involved in the present case. Even if there is a question of law involved in such a case, leave can only be granted if the question involved is not only a "question of law" but also a "question of public importance". No, such eventuality exists in the instant case. Hence, the petition for leave to appeal is hereby dismissed.