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Writ Petition No.4353 of 1984, decided on 17th December, 1984.

‑‑‑S.2(viii)(ix)‑‑Muslim Family Laws Ordinance (VIII of 1961), S.8‑ Provisional Constitution Order (1 of 1981), Art. 9‑‑Dissolution of marriage‑‑Suit for‑‑Cruelty‑ ‑Khula'‑‑Considerable difference of age between spouses‑‑Compromise proceedings failed between parties‑‑Wife was not prepared at any cost to live with husband‑‑Court did not flout any provisions of relevant law and question of Khula' was appreciated in accordance with guiding principles given by superior Courts‑‑Findings not suffering from any non‑reading/misreading of evidence‑‑Findings of Family Court that spouses could not live within prescribed limits of Allah holding wife entitled to right of Khula' based on sound reasons‑High Court refused to interfere in constitutional jurisdiction with decree and judgment of Family Court in circumstances.

P L J 1983 Pesh. 558 (sic) ref.

Muhammad Rafiq Khan Chauhan for Petitioner.

Respondent No.1 in person.

Date of hearing: 17th December, 1984.

Through this Constitutional Petition Abdur Rashid petitioner wants this Court to declare the judgment and decree, dated 14‑5‑1984 passed by Judge Family Court, Lahore respondent No.2 to be without lawful authority and of no legal effect.

2. The facts leading up to this petition are that Mst Aisha Bibi respondent No.1 filed suit for dissolution of marriage against the petitioner on various grounds including that of Khula'. The suit was resisted whereon following issues were framed:‑--

(1) Whether the plaintiff is entitled to Khula' if so, on what terms and conditions O.P.P.

(2) Whether the defendant has not maintained the plaintiff for the last more than two years O.P.P.

(3) Relief.

Mst. Aisha Bibi appeared as P.W.1 She stated:‑----

Zubaida Khatoon P.W.2 the mother of Mst. Aisha Bibi also stated that:‑---

To rebut this evidence the petitioner produced three witnesses namely, Riaz Ali, Masood Ahmad and Ejaz Ahmad. He also appeared as D.W.4. Riaz Ali D . W.1 stated that Nikah was performed with the consent of Mst. Aisha Bibi. Masood Ahmad D.W.2 stated that after the Nikah the petitioner and respondent No.1 lived happily and that at the time of Nikah, the petitioner had given some ornaments and clothes to his wife. Ejaz Ali D.W.3 produced copy of the statement EXh.D.1 of the mother of the respondent No.1, made by her in conciliation proceedings. Abdur Rashid respondent refuted allegations against him. At the conclusion of the proceedings the learned Judge Family Court respondent No.2 granted decree for the dissolution of marriage on the ground of Khula'. The learned Judge Family Court observed that:‑---

"In these circumstances, I am satisfied that the spouses cannot live within the prescribed limits of Allah hence, the plaintiff is entitled to a Khula' divorce. (Reliance is also placed on P L J 1983 Pesh. 558). So far as the question of benefits given by the plaintiff is concerned the allegations of the defendant that the plaintiff was given golden ornaments by him has not been proved."

3. The learned counsel for the petitioner submits that no case of Khula' was made out and that the suit was filed by the respondent against the petitioner on the instigation of her mother.

4. I have considered the submissions made by the learned counsel for the petitioner. Mst. Aisha Bibi.is also present before me. She is of young girl of 16/17 years in age. The petitioner appears to be above 45 years. Opportunity for compromise was provided to the parties. Mst. Aisha Bibi is not prepared to live with the petitioner at any cost. The learned Judge Family Court has applied his conscious mind and given sound reasons in support of his decision. His findings do not suffer from non‑reading/misreading of evidence. He has not flouted any provisions of the relevant law. The question of Khula' has been appreciated in accordance with the guiding principles given by the superior Courts.

5. For these reasons, I am of 'the view that no case of interference with the impugned judgment and decree is made out. The petition is accordingly dismissed leaving the parties to bear their own costs.

H . B . T . Petition dismissed.

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