Law:

Section:

Brief facts necessary for the disposal of this Constitutional petition are that Mst. Aziz instituted a suit against Abdul Khaliq for Jactitation of marriage or in the alternate for dissolution of marriage alleging therein that on the asking of her father, who is an illiterate and rustic villager, she affixed her thumb-impression on some papers. The defendant had asked her father to obtain her thumb-marks by misrepresenting that they were required for the purposes of issuance of Identity Card. It was alleged that she never. gave her consent for Nikah with defendant and her thumb-impressions were obtained on the Nikah nama fraudulently by misrepresentation; that the defendant is of the age of her father and it is not possible for her to live with him as his wife within the limits ordained by Allah Almighty and that she hates him.   The suit was contested by the defendants on the grounds that the plaintiff had consented to the Nikah, consummation had taken place; at the time of "Rukhsati" her father had obtained from him a sum of Rs.25,000; at the time of engagement 5 tolas of gold ornaments were given by him to the plaintiff and in case of dissolution he is entitled to recover the aforesaid ornaments and the sum of Rs.25,000 which was obtained by the plaintiff's father from him.   After failure of the pre-trial reconciliation, issues were framed and evidence was recorded. Thereafter another attempt was made by the Court for post-trial reconciliation but the same also ended in smoke whereafter final arguments were heard and vide judgment dated 29-5-1998 the case was decided wherein it was held that Nikah between the parties was validly solemnized hence case for jactitation of marriage was not made out; the plaintiff was, however, found entitled to the decree of dissolution of marriage on the ground of Khula' in consideration of Rs.5,000. Regarding the amount of Rs.25,000 received by the father of the plaintiff, it was held that the defendant may claim the same through civil suit from the plaintiff's, father.   The said judgment/decree is called in question by the defendant in this Constitutional petition.   The petition is…