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Writ Petition No.86 of 1984, decided on 6th May, 1984.

---Art.9--Muslim Family Laws Ordinance (VIII of 1961), S.7--Compromise application signed by parties and counsel placed on record--Stating that case be remanded for dissolving marriage on basis of Khula) by determining benefits if any received and directing return thereof--In view of compromise both judgments of lower Courts set aside and suit remitted for determination of benefits, if any, received--Marriage as per compromise stood dissolved.

Malik Allah Yar Khan for Petitioner.

Muhammad Akbar Cheema for Respondent No.3.

Learned counsel for the parties state that the parties have compromised the matter. A compromise application signed by Muhammad Abdullah, respondent No.3 both the learned counsel -has been filed and the same is placed on the record. According to this compromise the suit is to be remanded for dissolving the marriage on the basis of Khula by determining the benefits, if any, received and directing return thereof.

2. The remand as requested can only be ordered by setting aside the impugned judgments of the learned Additional District Judge and of the Judge Family Court. In view of the compromise the impugned judgments are set aside. The suit as such stands remitted for determination of the benefits, if any, received. The marriage as per compromise shall, therefore, stand dissolved. The learned Judge, Family Court will take consequential steps and after providing opportunity to the parties to submit the claim regarding benefits shall determine the said claim in accordance with law after giving due opportunity to the parties. The matter shall be disposed of by the learned Judge, Family Court within three months.

3. This petition stands disposed of in the above terms. There will be no order as to costs.

M. A . K . Case remanded.

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