2003 PLP 1325 (SCMR)

TANVIR AHMED KHAN, J.

Leave to appeal is sought against the judgment, dated 9-5-2001 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Writ Petition No.7615 of 2001 filed by the petitioner was dismissed upholding the decree of dissolution of marriage in favour of respondent No.1 passed by the Judge Family Court, Depalpur, vide judgment, dated 13-1-1992. The brief facts are that the petitioner entered into a marriage contract with respondent No. 1, Mst. Farzana Chaudhry, in the year 1978. Out of the wedlock four children were born. The relations between the spouses became strained, whereupon respondent No. 1 filed a suit for dissolution of marriage on 19-11-1991 before Judge Family Court, Depalpur. Since the petitioner did not enter appearance, as such ex parte proceedings were taken against him and ultimately ex parte decree of dissolution of marriage, was passed by the Judge Family Court on 13-1-1992. The petitioner filed an appeal for setting aside above ex parte decree which, according to the averments, was set aside on 30-5-1993 at the statements of the parties. Respondent lady, filed an application under section 12(2), C.P.C. taking exception to the aforesaid order, dated 30-5-1993 as having been secured by manipulating fraud and misrepresentation. The learned Judge Family Court dismissed the aforesaid application. However, the learned Additional District Judge, Depalpur vide his order, dated 4-3-1998 accepted the revision petition and remanded the case to the trial Court for setting aside the ex parte decree. Issues were framed, parties led their evidence and the learned Trial Court, after thrashing the entire evidence brought on record, came to the conclusion that the service upon the petitioner was effected and vide his order, dated 29-3-1995 dismissed the application. The petitioner filed an appeal against the above order, which yeas dismissed by the learned Additional District Judge, Depalpur, through his judgment, dated 13-2-2001. Thereafter, the petitioner filed Writ -Petition No.7615 of 2001 before the Lahore High Court, Lahore, which has been dismissed through the judgment, dated 9-5-2001, impugned herein. Hence, this petition for leave to appeal. We have considered the contentions raised by the learned counsel and have gone through the documents annexed with the petition. We have noticed that the respondent lady, after obtaining an ex parte decree for dissolution of marriage, contracted second marriage on 2-5-1992 after passing the period or 'Iddat". It is pertinent to mention over here that from this wedlock a daughter was born. It is further apparent from the impugned judgment that the petitioner did have the knowledge of pendency of the proceedings for dissolution of marriage and he deliberately avoided his appearance. In these circumstances when the respondent lady had already contracted a second marriage and is living with her second husband, and that the petitioner has failed to substantiate his non-service in the above suit for dissolution of marriage. we do not find it a fit case for interference. Resultantly, for what has been stated above, the instant petition being without any merit is dismissed and leave is declined. M.H./A-283/S Petition dismissed.