---S. 10(4)--Constitution of Pakistan, 1973--Art. 199--Constitutional Petition--Dissolution of marriage on ground of Khulla-

 PLJ 2013 Lahore 185

Punjab Family Courts Act, 1964 (XXXV of 1964)--

----S. 10(4)--Constitution of Pakistan, 1973--Art. 199--Constitutional Petition--Dissolution of marriage on ground of Khulla--Validity of order--Decree was made subject to relinquishment of dower and maintenance--Matter of benefits in matter of dissolution of marriage on the ground of Khulla was appealable.    [P. 186] A

PLD 1987 Lah. 420, ref.

Ch. Sarfraz Ahmad Zia, Advocate for Petitioner.

Date of hearing: 26.11.2004.

 PLJ 2013 Lahore 185

[Multan Bench Multan]

Present: Maulvi Anwar-ul-Haq, J.

Khawaja JAMEEL AHMAD--Petitioner

versus

JUDGE FAMILY COURT, MULTAN and another--Respondents

W.P. No. 6269 of 2004, decided on 26.11.2004.

Order

A suit filed by Respondent No. 2 against the petitioner for dissolution of marriage on the ground of Khula was decreed by the learned Judge Family Court in terms of Section 10(4) of the Family Court Act, 1964 on 29.9.2004. The decree was made subject to relinquishment of dower and maintenance and consequently the suit filed for the said two reliefs by the respondent lady were also dismissed on the same date.

2.  Learned counsel for the petitioner contends that it was plea of the petitioner that he has paid the dower and some other benefits to the lady and the learned Judge Family Court has not decided the said question in accordance with law.

3.  Without making any comments on the said plea of the learned counsel, I find that the matter of the condition/benefits in the matter of dissolution of marriage on the ground of Khula is appealable. Reference be made to the case of "Muhammad Sanaullah versus Muhammad Ilyas, Senior Civil Judge/Family Court Judge, Toba Tek Singh and 2 others" (P.L.D. 1987 Lahore 420). The writ petition is accordingly disposed of with the observation that if deemed proper, the petitioner may file first appeal against the decision of the question of consideration for Khula.

(R.A.)  Petition disposed of