' The petitioner challenges the judgment and decree dated 12-12-2003 passed by learned Judge Family Court, Mailsi, by which, the suit for dissolution of marriage filed by respondent No.2 has been decreed on the failure of reconciliation proceedings between the spouses.
2. Brief facts of the present case are that Mst. Sughran Mai respondent No.2 was married with petitioner and she remained with petitioner for about four years but after that she was turned out by the petitioner and the petitioner also contracted second marriage with Mst. Bashiran Mai without prior permission of respondent No.2. The petitioner filed written statement and case was fixed for reconciliation proceedings on failiare of which suit of respondent No.2 has been decreed on the basis of Khula through the impugned judgment and decree dated 22-12-2003.
3. Learned counsel for the petitioner contends that the petitioner has not been afforded proper opportunities to defend the suit and impugned decree has been passed in a haste.
4: I have heard the learned counsel for the parties and also gone through the impugned judgment.
Admittedly no issue was born out of the wedlock of petitioner with respondent No.2, and petitioner also contracted second marriage with one Bashiran Bibi about four years ago. The respondent No.2 in her plaint claimed that she was turned out of the house by the petitioner 4 years ago and thereafter he neither maintained her nor performed material obligations. The parties were called upon for pre-trial reconciliation proceedings. Respondent No.2 filed' her affidavit and also got recorded her statement to the effect that she had developed hatred against the petitioner and there was no possibility of reunion between the parties. According to proviso added in section 10 of the West Pakistan Family Courts Act, 1964 the learned Family Court on failure of reconciliation proceedings between the parties is empowered to pass decree for dissolution of marriage forthwith. I do not find any illegality or jurisdictional defect in the impugned judgment and decree.
Keeping in view the facts and circumstances of the case, it cannot be said that there was any possibility of reunion between the parties. Hence, the impugned judgment and decree is maintained and this writ petition being devoid of any force is dismissed in limine.