2000 PLP 2012 (CLC)

(c) Any other relief which this Honourable Court deems fit may kindly be awarded to the petitioner. The petitioner had married to respondent about three years back. The respondent filed suit for dissolution against the petitioner, mainly on the ground that after some time of her marriage she came to, know through his relatives that the petitioner was jobless and used to indulge in gambling. On her inquiries from the petitioner, he was annoyed and beaten her mercilessly. It is stated in the petition that she gave birth to a child namely Ibrar Ahmed, out of her wedlock and petitioner did not pay the delivery charges. The respondent levelled/charges against the petitioner that he used to demand money from her for gambling purposes and on her refusal he used to maltreat her. The respondent, therefore, filed a suit for dissolution on the ground of Khula'. During the trial it transpired that the petitioner has contracted second marriage without prior permission of respondent. The trial Court after going through the evidence led by the parties, came to the conclusion that it was not possible for the spouse to live within the limits of God as such granted dissolution on the ground of Khula'. The appeal against the dissolution granted on the ground of Khula' is barred under section 14 of Family Courts Act which reads as under:‑‑ "Section

14. Anneals.‑‑‑ (1) Notwithstanding anything provided in any other law for the time being in force, a decision given or a decree passed by a Family Court shall be appealable‑‑ (a) to the High Court, where the Family Court is presided over by a District Judge and Additional District Judge or a person notified by Government to be of the rank and status of a District Judge or an Additional District Judge; and (b) to the District Judge, in any other case. (2) No appeal shall lie from a decree passed by a Family Court‑‑ (a) for dissolution of marriage except in the case of dissolution for reasons specified in clause (d) of item (viii) of section 2 of the Dissolution of Muslim Marriages Act, 1939; (b) for dower not exceeding rupees one thousand; (c) for maintenance of rupees twenty‑five or less per month." The appeal under the Act is barred against the dissolution sought on the ground of Khula'. The learned counsel has not been able to point out any illegality or misreading on the record but he only wants me to re‑evaluate the evidence. The impugned judgment is based on sound and logical reasoning and is justified. Since the appeal is not provided by the law, therefore, under such circumstances, the Constitutional petition cannot be maintained only on the ground to re‑assess the evidence on facts, as such, the same is dismissed in limine with no order as to costs. H.B.T./A‑63/K Petition dismissed.