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Initializing Secure Chambers
Petitioner: MUHAMMAD NAWAZ SHAH VS Respondent: JUDGE,FAMILY COURT and others
Court Name: Lahore High Court Judge(s): Irshad Hasan Khan Title: MUHAMMAD NAWAZ SHAH vs JUDGE,FAMILY COURT and others Case No.: Writ Petition No,2908 of 1990 Date of Judgment:1991-02-24 Reported As: 1991 CLC 1702 Result: Petition dismissed
Judgment ORDER ' This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the order dated 15-3-1990 of the learned Judge, Family Court, Chiniot, whereby the suit filed by Mst. Kishwar Bibi respondent No,2 herein, for dissolution of marriage on the basis of her right of option of puberty was decreed. 2. The sole grievance of the petitioner is that the impugned order is based on oral evidence which is shaky and no documentary evidence was produced by respondent No,2 to substantiate her case before the trial Court. 3. The submission is devoid of any force. The impugned order has been passed after evidence led by the parties which was duly considered by the trial Court and thereafter a finding was recorded that respondent No,2 was entitled to a decree for dissolution of marriage on the ground of option of puberty. The question raised by the learned counsel for petitioner relates to appreciation of evidence which cannot be undertaken in the exercise of writ jurisdiction. 4. In view of the above, I find no force in the writ petition which is hereby dismissed in limine.