' Learned counsel for the petitioner contends that the respondent had filed a suit for dissolution of her marriage on account of Khula', which was granted by the learned Judge, Family Court, subject to the condition that the house in the name of the respondent shall be returned to him as a consideration for Khula'. Aggrieved thereby, the respondent preferred an appeal which has been accepted and the condition has been waived.
2. It is the case of the petitioner that the house in question was purchased with the money belonging to the petitioner during the subsistence of marriage and is the property owned by the petitioner and was only Benami in the name of the respondent. I have been apprised by the learned counsel for the respondent that already a civil suit in this respect filed by petitioner is pending between the parties. Let the petitioner pursue that civil suit because according to law at the time of the grant of Khula, the benefits which a wife has derived on account of a marriage are to be returned as consideration of Khula'. But if it is a Benami transaction and unless and until it is so proved, the house could not be returned as consideration for Khula'. The petitioner has already availed his remedy before the Civil Court and if he is proved to be true and actual owner of the property and the respondent as Benamidar, the law shall take its own course. The learned Court of appeal has rightly waived the condition, calling for no interference by this Court in the exercise of its Constitutional jurisdiction. Dismissed.
Writ .