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Civil Petition No. 1154 of 1983, decided on 5th October, 1983.
(On appeal from the judgment dated 27‑6‑1983 of the Lahore High Court in Writ Petition No. 1527 of 1983).
---Art. 185(3)‑Dissolution of marriage Khula'‑Family Court dis missing suit of wife for dissolution of marriage on basis of Khula and District Judge upholding such order‑High Court, after considering all circumstances of case, being convinced that existing unhappy rela tions between parties, held out no hope for their living together within limits prescribed by God, decreeing wife's suit on basis of Khula Held, case not a fit one for granting have to appeal in exercise of discretionary jurisdiction.‑[ Khula].
Sh. Maqbool Ahmad, Advocate Supreme Court and Rana Maqbool Ahmad, Advocate‑on‑Record for Petitioner.
Wasim Sajjad, Advocate Supreme Court and M. A. Qureshi, Advocate‑on -Record for Respondents.
Date of hearing : 5th October, 1983.
The learned Judge in the High Court in a matter' involving a matrimonial dispute was convinced after considering all the circumstances of the case that "the existing unhappy relations between the parties, who are still involved in litigation, hold out no hope for their living together within the limits prescribed by God Almighty", and held that the wife "could legitimately ask for Khula '. He also noted that she was pre pared to give up her claim of dowry. In this view of the matter, the dismissal of the suit of the wife by the learned Judge Family Court for dissolution of the marriage on the basis of Khula' and the judgment of the learned District Judge upholding the said order were declared to be without lawful authority and of no legal effect and ordered that the wife's suit should stand decreed on the basis of Khula . The erstwhile husband feeling aggrieved by the judgment of the High Court has moved this Court for grant of leave to appeal against it.
2. We have heard Sh. Maqbool Ahmad, learned counsel for the peti tioner and Mr. Wasim Sajjad, learned counsel for the respondent No. 1 and are satisfied that this is not a fit case for interference in exercise of this Court's discretionary jurisdiction of granting leave to appeal.
3. This petition is, accordingly, dismissed.
S. Q. Petition dismissed.
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