2009 PLP 850 (CLC)

SHAHJI RAHMAN KHAN, J.

Wazir Zada, petitioner herein, through the instant Writ Petition has assailed the judgment and decree dated 25-10-2008 of the learned Additional District Judge/Azafi Zila Qazi-IV, Swat, whereby he dismissed the appeals preferred by him and upheld the judgment and decree dated 9-5-2008 of the learned Family Judge, Swat.

2. Brief facts of the case are that Wazir Zada, petitioner, herein, instituted a suit for conjugal rights against respondent/wife in the Court of Illaqa Qazi/Civil Judge, Behrain, Swat and the respondent/wife denied the allegations made in the plaint against her by filing written statement. Similarly respondent/wife instituted a suit for jactitation of marriage against the petitioner/husband. Both the suits were ordered to be consolidated and consequently after hearing the arguments of the learned counsel for the parties, the learned Judge Family Court, decreed the suit of the respondent/wife and dismissed the suit of the petitioner, vide consolidated judgment and decree dated 9-5-2008. Thereafter the appeals preferred by the petitioner against the said judgments also having the same fate were dismissed by the learned Azafi Zila Qazi/Additional District Judge Swat, vide judgment dated 25-10-2008, hence this constitutional petition.

3. Mr. Shah Salam Khan, Advocate, learned counsel for the petitioner, vehemently argued that the Courts below have not applied their mind while deciding the matter and even have not perused the documentary evidence produced by him. He further contended that the orders and judgments of the lower Courts are arbitrary, perverse and have been passed in vacuum, are not sustainable in the eyes of law. The learned counsel, by concluding his arguments, submitted that the Courts below overlooked the contentions of the petitioner and ignored them illegally, the action taken by them are, therefore, without lawful authority and of no legal effect.

4. We have gone through the available material brought on file carefully and. considered the submissions of the learned counsel for the petitioner.

5. A perusal of the material available on the file and the impugned order dated 25-10-2008 of the learned Additional District Judge in Appeals Nos.4/3 and 5/3 of 2008 and the judgment and decree dated 9-5-2008 in Cases Nos.16/FC and 17/FC of 2005, would reveal that the learned Family Judge after considering the material points involved in the case dismissed the suit of the petitioner filed by him for conjugal rights and decreed the suit of respondent/wife filed for jactitation of marriage and the said decree was affirmed in appeal by the appellate Court in its judgment mentioned above. The impugned judgments and decrees of both the Courts below being thus free from any jurisdictional error are not open to any interference in the exercise of extraordinary equitable discretionary constitutional jurisdiction of this Court.

6. For the reasons discussed above, this writ petition being without force and substance is dismissed in limine. H.B.T./63/P Petition dismissed.