' HAMID ALI MIRZA, J,---This civil petition for leave to appeal is directed against the judgment, dated 2-3-2001 in C.P. No, S-355 of 2000 (Abdul Fateh Babar Sani v. Mst. Naureen and another) whereby said petition was dismissed maintaining judgments and decree passed in Suit No,578 of 1998 for dissolution of marriage by Khula' filed by respondent No,1 Mst. Naureen and Suit No,265 of 1999 filed by the petitioner for restitution of conjugal rights.
2. Facts of the case need not to be stated as the same are mentioned in the memo of petition and the impugned judgment.
3. We have heard the parties and their respective counsel and perused the record.
4. Contention of the petitioner is that the learned Family Court Judge erred in law and facts in decreeing the suit of the respondent for dissolution of marriage on the ground of Khula' while dismissing petitioner's suit for restitution of conjugal rights, so also the learned Judge in Chamber erred in affirming the said decrees considering that the life and future of his son would be spoiled in case the said judgments and decrees are maintained.
5. We do not find substance in the said contention. The learned Family Judge after properly appreciating the evidence on record came to just conclusion that the respondent Mst. Naureen was entitled to dissolution of marriage on the ground of Khula' and that the petitioner was not entitled to the restitution of conjugal rights. The learned Family Judge and the learned Judge in Chambers have concurred the finding of fact therefore there is no ground for interference by this Court considering that there has been no misreading or non-reading of evidence. The respondent would be entitled to have the dissolution of her marriage with the petitioner on the ground of Khula` in case, she has made out a case under the law. Petitioner would have also been entitled to restitution of conjugal rights in case he would have proved his case for the said rights but he failed to be entitled as per evidence on record. Mere fact as apprehended by the petitioner that the life and future of his minor son would be spoiled in case the judgments and decrees passed by the Family Judge and maintained by the learned Judge in Chambers are maintained could not be considered in law to be a valid ground for reversing the said judgments and decrees. The respondent appeared in person in Court and refused to live with the petitioner as his wife on the ground that the petitioner has been very cruel to her and further that she would not live with him within the limits of Almighty Allah. In the circumstances, there is no need to give parties further chance for reconciliation as requested by the learned counsel for the petitioner. The learned Judge in Chambers and the Family Court have given valid and cogent reasons in support of finding hence this petition has no merit therefore, no exception can be taken to the findings arrived at, consequently leave to appeal is refused and petition dismissed.