Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 5 & 14(2)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Right of appeal---Dissolution of marriage on the basis of Khula'--­No right of appeal in such case having been provided under the provisions of S.14(2) of West Pakistan Family Courts Act, 1964, Constitutional jurisdiction could not take place of appellate jurisdiction. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Findings of fact recorded by Court of competent jurisdiction'--,Contractual obligation---Interference of High Court in exercise of Constitutional jurisdiction---Scope---Relief touching the contractual elements cannot be granted in Constitutional jurisdiction--­Finding of fact recorded by competent Courts is not open to interference by High Court in exercise of such jurisdiction---Court which has jurisdiction in the matter can decide the matter rightly or wrongly and such order cannot be interfered with in the Constitutional jurisdiction unless the same is mala fide, arbitrary, perverse or the Court has acted in excess of its jurisdiction. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional petition---Discretion---Scope---Exercise of Constitutional jurisdiction is discretionary and the same is to be used in good faith having looked at all the attending circumstances and relevant factors of the case---Such discretion is to be used in just, fair and reasonable ways. (d) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Dissolution of marriage on the basis of Khula'---Relation of young spouses was severely strained and they could not live together as husband and wife---Marriage between the parties was rightly dissolved by Family Court on the basis of Khula'---Constitutional petition being not maintainable was dismissed in limine. ORDER This Constitutional petition was fixed on 29-5-2000 when neither the petitioner nor his counsel was present and the matter was dismissed for non-prosecution. Today I have heard Mr. Mughal Mumtaz Ali Khan learned counsel for the petitioner and by…

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