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Civil Petition for Leave to Appeal No. 8/M. R. of 1980, decided on 9th November, 1980.
(On appeal from the judgment and decree of the High Court dated 22‑5‑1980 in Civil Appeal No. 8 of 1980).
‑ Dissolution of marriage‑Khula'‑‑‑Courts below finding that (i) relations between parties were extremely strained and there was no scope of reconciliation and, (it) parties in such circumstances might not live within limits, ordained by God and separation had become a muss‑Held, such finding of fact cannot be vitiated unless same suffers from misreading or non‑reading of evidence or based on surmises and conjectures.‑[Khula'].
Abdul Majid v. Razia BIN and another P L D 1975 Lab. 796 and Balqls Fatima v. Najm‑u1‑Ikram P L D 1959 Lab. 566 ref.
‑‑ S. 100‑Second appeal‑Fallacy in appraising evidence of fact not amounting to a mistaken assumption but merely an error in coming to a finding of fact‑Held, not an error of law justifying interference in second appeal by High Court.‑{Evidence].
Ch. Muhammad Sharif Tariq, Advocate for Petitioner.
Raja Muhammad Aslam Khan, Advocate for Respondent.
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