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Writ Petition No. 1076 of 1976, decided on 10th March, 1982.

‑‑‑S. 14‑Appeal‑Decree for dissolution of marriage by way of Khula on condition of return of five tolas of gold ornaments or in alternative payment of amount of Rs. 3,600‑‑Held, appealable.‑[Appeal (civil)].

Rushda Zareen v. Muhammad Saleh P L D 1976 Lahore 1327 rel.

Ch. Abdur Rashid Cheema for Petitioner.

Nemo for Respondent No. 1.

Date of hearing : 10th March, 1982.

This writ petition impugnes the legality of the order of the learned Additional District Judge, Sialkot, respondent No. 3, dated the 20th February, 1976, dismissing in limine the petitioner's appeal against the judgment and decree of the learned Judge, Family Court, Sialkot, respondent 2, dated the 11th July, 1975, whereby the petitioner's marriage with respondent 1 was ordered to be dissolved by way of khula on her return of five tolas of gold ornaments or in the alternative payment of Rs. 3,600.00 to respondent 1 by the 9th September, 1975.

2. As a matter of fact the petitioner bad challenged in appeal the validity of that portion of the learned trial Judge's decree which imposed upon her the condition of return of ornaments or payment of amount of Rs. 3,600.00 to respondent 1. The learned Additional District Judge dis missed the appeal on the short ground that it was not maintainable in view off the provisions of section 14 (2) of the Punjab Family Courts Act, 1964. It was not a decree for dissolution of marriage simpliciter. If the petitioner were not to comply with the condition of return of ornaments or payment of the requisite amount to respondent 1 her suit was to be taken to have been dismissed. Therefore, in view of what has been observed by this Court in Rushda Zareen v. Muhammad Saleh (P L D1976 Lah. 1327) the decree of the learned trial Judge was appealable. Consequently the impugned order of the learned Additional District Judge is not sustainable in the eye of law. Accordingly this petition is accepted, the order of the learned Additional District Judge dismissing the petitioner's appeal is set aside and the case is remanded to the learned District Judge, Sialkot, who will decide the appeal after hearing the parties. As the matter is fairly old the learned District Judge will do well to give it priority over other cases and dispose it of within two months. The parties are left to bear their own costs.

M.Y.M Petition accepted.

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