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Petitioner: MUHAMMAD YOUNIS VS Respondent: ZAKIA BIBI
1988 S C M R 273
1988 S C M R 273
Present: Aslam Riaz Hussain and Javid Iqbal ,JJ
MUHAMMAD YOUNIS Petitioner
versus
Mst. ZAKIA BIBI Respondent
Civil Petition for Leave to Appeal No. 713 of 1987, decided on 22nd November, 1987.
(On appeal from the order of the Lahore High Court, Lahore dated 13th September, 1987 in Writ Petition No. 3375 of 1987).
West Pakistan Family Courts Act (XXXV of 1964)--
---Ss.10 & 11--Constitution of Pakistan (1973), Art. 185(3)--Dissolution of marriage--Petitioner challenging decree based on Khula in writ jurisdiction--Contentions raised that he was not afforded opportunity for effecting compromise or to produce evidence in rebuttal of evidence produced by respondent against him--Same grounds urged in Suprem3 Court but not established from record which showed that sufficient opportunities were provided to petitioner for the purpose but he failed to avail the same--Leave to appeal refused.
Khawaja A. Waheed, Advocate Supreme Court, instructed by Syed Inayat Hussain, Advocate-on-Record (absent) for Petitioner.
Nemo for Respondent.
Date of hearing: 22nd November, 1987.
ORDER
JAVID IQBAL, J.--This petition for leave to appeal has been filed by Muhammad Younis petitioner against the order of learned Single Judge of the Lahore High Court, Lahore dated 13th September, 1987.
Briefly the facts are that Muhammad Younis petitioner was married to Mst. Zakia Bibi respondent on 19th February, 1986. They lived together as husband and wife for about 10/12 days and thereafter separated. There is no issue of the marriage. Mst. Zakia Bibi respon dent instituted a suit for dissolution of marriage against the petitioner on 17th September, 1986 and the Judge Family Court vide judgment and decree dated 23rd June, 1987 dissolved their marriage. The peti tioner then challenged the aforesaid judgment and decree by way of writ petition before the Lahore High Court, Lahore on the ground that he had not been afforded an opportunity for effecting a compromise as required by the provisions of sections 10 and 11 of the West Pakistan Family Courts Act 1964 and furthermore that the trial Court did not provide him with an opportunity to lead evidence in rebuttal of the evidence produced by the respondent as against him.
Learned counsel for the petitioner raised the very same arguments before us but the impugned judgment clearly indicates that the trial Court gave time to the parties for effecting a compromise vide its order dated 20th June, 1987 but the parties did not enter into a compromise despite the fact that the trial Court made efforts in order to comply with the aforesaid provisions of the Family Courts Act. A perusal of the order of the High Court also indicates that the counsel appearing on behalf of the petitioner was provided sufficient time to produce evidence and on numerous occasions the case was adjourned from one date to another but he did not avail of the opportunity so given to him to produce evidence in rebuttal of the' evidence of the respondent. He even moved a petition for transfer the case to some other Court and in spite of the transfer of the case he did not produce his evidence. Eventually on 23rd June, 1987 the suit of the respondent was decreed on the basis of Khula by the Judge Family Court. Since this is the position, in our opinion it is not a fit case for the grant of leave. The result is that this petition is dismissed.
M.I./M-257/S Petition dismissed.