1987 PLP 1176 (CLC)

Date of hearing: 24th November, 1986. Amjad Hussain petitioner by means of the Constitutional petition calls in question the validity of judgment and decree, dated 22‑9‑1986 of the learned Judge, Family Court, Sialkot, whereby he dissolved the marriage of Mst. Azra Bibi respondent with him.

2. Mst. Azra Bibi respondent instituted a suit for dissolution of her marriage with the petitioner on several grounds. The suit was contested by the petitioner. In reply to one of the allegations of the plaintiff that the petitioner had levelled false charges of adultery against her, the petitioner in the written statement stated that she had developed illicit relations with one Bashir Ahmad who had abducted and committed Zina with her. The learned Judge, Family Court, Sialkot decreed the suit on the ground that the petitioner had levelled false charges of adultery against his wife which he failed to prove and also on the basis of Khula'. Hence this petition.

3. Learned counsel for the petitioner contended that the evidence on the record did not justify passing of decree for dissolution of marriage on the ground of Khula'. (Learned trial Judge did not determine the quantum of benefits derived by her from the petitioner). It was further submitted that the petitioner did not falsely level allegation of adultery against her. She is a woman of bad character and that is established from her own statement made under section 164, Cr.P.C. before a Magistrate when she was recovered from the house of Bashir Ahmad and produced before the Magistrate by the police.

4. I have considered the contentions raised by learned counsel for the petitioner and find no merit in them. The petitioner failed to prove that the respondent was woman of bad character. The learned trial Judge rightly concluded that the petitioner did level false allegations against her that she was the woman of bad character but failed to substantiate them. The petitioner has opted not to bring on the file evidence recorded by the learned trial Court not produced copy of the statement allegedly recorded under section 164, Cr.P.C. to show that the learned trial Judge misread evidence and derived wrong conclusion therefrom. He has not denied that the statement recorded under section 164, Cr.P. C. was not confronted to Mst. Azra Bibi when she appeared in the witness‑box. The perusal of the impugned judgment show that the learned trial Judge rightly evaluated the evidence on the record and was satisfied that the spouses in the given situation could not lead harmonious life within the limits ordained by God. Even at this stage the petitioner has maintained that Mst. Azra Bibi is a woman of bad character. How could in these circumstances he expects that parties would lead harmonious life. In my opinion the petitioner has failed to make out a case warranting interference in the impugned judgment and decree in writ jurisdiction. Resultantly this petition fails and is dismissed in limine. H.B.T./A‑20/L Petition dismissed.