Through the instant writ petition Ahmad Ali son of Muhammad Fazal, petitioner, has called in question the judgment and decree dated 31-10-2001 passed by Mian Khadim Hussain, Judge, Family Court, Sahiwal in a suit for jactitation of marriage, filed by Mst. Ghulam Fatima against Nasir alias Naseer (respondents Nos,2 and 3 of this petition respectively), whereby after recording the statement of Mst. Ghulam Fatima the learned trial Court allowed her application for withdrawal of the suit and resultantly the same was dismissed.
2. The learned Counsel for the petitioner has argued that the learned trial Court had recorded the statement of Mst. Ghulam Fatima as P. W.1, wherein she had stated that she was married with Ahmad Ali petitioner. It is further argued that the order passed by the learned trial Court was illegal and without jurisdiction as the trial Court should not have allowed the plaintiff-respondent No,2 to withdraw her suit without following the procedure laid down under Order XXIII, rule 3. C.P.C. He also argued that the petitioner was condemned unheard as he was not made a party in the afore- referred suit.
3. The learned Counsel appearing on behalf of the respondents has vehemently opposed the contentions raised by the learned Counsel for the petitioner.
4. I have heard the learned Counsel for the parties at length and have also gone through the record. It has been noticed that the petitioner was not a party in the suit filed by respondent No,2 before the Judge, Family Court, Sahiwal, but most importantly the learned trial Court has not recorded any finding on any of the issues and has allowed the plaintiff-respondent No,2 to withdraw her suit. In other words there is no finding of the learned trial Court on record, causing prejudice to the interest of the petitioner Ahmad Ali.
5. The petitioner has an effective alternate remedy available to him by way of filing a suit for restitution of conjugal rights/suit for activation of marriage, therefore, this petition being not maintainable is dismissed with no order as to costs.