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Petitioner: MUHAMMAD SAEED VS Respondent: Mst. KHALIDA SHAHEEN And Other
Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Muhammad Afzal Zullah, Saad Saood Jan Title: MUHAMMAD SAEED vs Mst. KHALIDA SHAHEEN And Other Case No.:Civil Petition for Special Leave to Appeal No. 22 of 1987 Writ Petition No.4244
JUDGMENT
Reported As: 1987 SCMR 699 Result: Petition dismissed Judgment JUDGMENT SAAD SAOOD JANJ.--This is a petition for special leave to appeal from the order dated 30-11-1986 of the Lahore High Court dismissing the constitutional petition of the petitioner. 2. The petitioner was married to respondent No.1 on 14-8-1977. In November, 1985 respondent No.1 filed a suit for dissolution of marriage on a number of grounds including one of Khula'. The learned Family Judge dismissed her suit. Respondent No.1 filed an appeal before the Additional District Judge. After reappraising the evidence the learned Additional District Judge accepted the plea of Khula' and dissolved the marriage. The petitioner challenged the judgment and decree of the Additional District Judge in constitutional jurisdiction in the High Court. A learned Single Judge declined to interfere in the matter. He now seeks leave to appeal from this Court. 3. It is contended on behalf of the petitioner that at the time of the Nikah, he had paid Rs.5,000 by way of prompt dower to respondent', No.1. The learned Additional District Judge while decreeing her suit on the ground of Khula' should have directed her to refund this amount to him. 4. We find little merit in this contention. Neither in his written statement nor in his statement before the Family Court the petitioner had taken up the position that in the event the plea of Khula' was allowed, the amount of prompt dower he had paid should be refunded to him. He could not press this claim for the first time in the constitutional jurisdiction in the High Court. We find no force in this petition which is hereby dismissed.