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Writ Petition No.298 of 1985, decided on 27th March, 1985.

---S. 8--Khula'--Dissolution of marriage--Consideration for--Marriage of petitioner/wife dissolved on ground of Khula'--Courts below for determination of consideration for marriage had taken into account evidence on record and attending circumstances relatable to benefits derived by wife from husband--No misreading/non-reading of evidence by Courts below pointed out--Question of Khula and consideration, held, were rightly considered by Courts below in accordance with guidelines given by superior Courts--Contention of wife that she had not derived any benefit, repelled in circumstances.

Ch. Nazar Hussain for Petitioner.

Mehr Ghulam Ali Mubashir for Respondent No.3.

Date of hearing: 27th March, 1985.

Through this Constitutional Petition, Mst. Sahib Khatoon petitioner wants this Court to declare the judgments and decrees passed by Judge Family Court and Additional District Judge, Sargodha on 11-2-1984 and 4-11-1984 respectively so far as the condition of payment of Rs.5,000 as consideration for dissolution on the basis of Khula, to be without lawful authority and of no legal effect:

2. The facts leading upto this petition are that on 3-2-1982 Mst. Sahib Khatoon filed, suit against Gul Muhammad respondent No.3 before Judge Family Court, Sargodha respondent No.1 for the dissolution of her marriage.Gul Muhammad respondent also filed suit for restitution of conjugal rights against the petitioner. The suits were consolidated. The trial Court framed four issues.The parties led their evidence Mst. Sahib Khatoon produced Ahma P.W.l, Mehr Khan P.W.2 and herself appeared as P.W.3. The respondent/husband appeared as D.W.3 and produced Abdul Khaliq D.W.1 and Nizam Din D.W.2. The trial Court vide its judgment and decree, dated 11-2-1984 decreed the suit on the basis of Khula subject to payment of Rs.5,000 by the wife to the husband and dismissed the suit for the restitution of conjugal rights. Feeling aggrieved of this judgment and decree, Gul Muhammad respondent filed Writ Petition No.780 of 1984 which was dismissed in limine on 25-3-1984. In this order it was observed that the trial Court had taken into consideration the benefit derived by the respondent and ordered its restoration. Mst. Sahib Khatoon also filed appeal before the District Judge challenging the condition of payment of Rs.5,000 as consideration for the dissolution of her marriage which was dismissed by Additional District Judge, Sargodha on 4-11-1984, hence this petition.

3. The learned counsel for the petitioner submits that there was no evidence on record that the petitioner had derived benefit of Rs.5,000 from the husband at the time of Nikah and as such the order to that extent has been passed illegally and without lawful authority. Conversely the learned counsel for the respondent supported the judgment of the Courts below.

4. I have considered the arguments advanced by the learned counsel for the parties with care. I have not been able to persuade myself to agree with the learned counsel for the petitioner/plaintiff. I find that the Nikah has been dissolved on the ground of Khula and as such the trial Court had to determine the consideration for the marriage; that the Courts below had taken into' account the evidence on record and A the attending circumstances relatable to the benefits derived by the wife/petitioner. Learned counsel has failed to point out any misreading/ non-reading of evidence by the Courts below. In view of the evidencebrought on record it cannot be said that there was no evidence with pegard to the consideration for the marriage between the parties. The submissions made by the learned counsel related to the appreciation of evidence and I in writ jurisdiction do not desire to interfere with the same. The Courts below have not flouted the provisions of relevant law and have considered the question of Khula in accordance with the guide-lines given by the superior Courts.

5. For what has been stated above, there being no merit, the petition is dismissed leaving the parties to bear their own costs.

N.B.T. Writ refused.