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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD AKHTAR VS Respondent: JUDGE FAMILY COURT and others
Court Name: Supreme Court of Pakistan Judge(s): Naimuddin, Muhammad Haleem, Shafi-ur-Rehman, Syed Usman Ali Shah Title: MUHAMMAD AKHTAR vs JUDGE FAMILY COURT and others Case No.: Civil Petition No,626 of 1988 Date of Judgment:1988-11-15 Reported As: 1989 SCMR 615 Result: Leave to appeal refused
Judgment ORDER ' MUHAMMAD HALEEM, C. J.--Respondent No,2 was married to the petitioner on 3-12-1977 by her parents as she was a minor, and, therefore, there was no Rukhsati and the marriage was not consumated. She filed a suit for the dissolution of her Nikah on the basis of Khula which was resisted and as a counter-blast, the petitioner filed a suit for restitution of conjugal rights. The suit was decreed as prayed by the Judge, Family Court on the ground of incompatibility of temperament so much so that the respondent was unable to live within the limits prescribed by Almighty Allah. The suit of the petitioner was accordingly dismissed. Several issues were framed and evidence was recorded. And not only this, an effort was also made to bring about a conciliation which failed. ' The petitioner thereupon filed a writ petition No,1217 of 1988 to challenge the decree but it was dismissed on 23-4-1988 as the High Court was of the opinion that "the petitioner has wholly failed to point out any legal infirmity much less jurisdictional defect in the judgment of the learned trial Court". The High Court itself examined the evidence to satisfy itself before recording the above finding. In this view of the matter, it is a case of appreciation of evidence and we do not see any point to examine the evidence afresh. ' The petition, accordingly, fails and is hereby dismissed.