Law: Muslim Family Laws Ordinance, 1961

Section: 7

Muslim Family Laws Ordinance (VIII of 1961) ---- S.7 --- Constitution of Pakistan (1973), Arts. 199 & 185 (3) ---- Affirmation of dissolution of marriage through the ground of Khula' challenged in Constitutional jurisdiction before High Court---Petition for leave to appeal --- Contention of petitioner/husband that while granting Khula' no direction for the return of monetary benefits had been made in favour of the petitioner --- High Court being satisfied that the dissolution of marriage by way of Khula' was based on evidence and there was no infirmity, legal or otherwise, however, had observed that if the petitioner was so keen for the return of benefits ,'if any, he could file a suit --- Held petitioner, as observed by the High Court, had the right to seek the remedy but in case like the present one, he not having insisted upon, at proper stage, for the determination of exact benefits received by the wife for their return, as it might have been thought below his dignity to do so, the same could not be asked for in the Constitutional jurisdiction of the High Court which was highly discretionary Present case was not at all fit for grant of relief asked for in discretionary writ jurisdiction of the High Court --- Judgment - of the High Court being unexceptionable and matter having finally stood closed, it would be futile exercise for petitioner to file a fresh suit --- Leave to appeal was refused. Akhlaq Ahmad v. Kishwar Sultana PLD 1983 SC 169 ref. Sh. Khalilur Rehman, Advocate Supreme Court and S.Abul Aasim Jaferi, Advocate-on-Record for petitioner. Nemo for Respondents. Date of hearing: 23rd April, 1991 ORDER MUHAMMAD AFZAL ZULLAH, CJ .---Leave to appeal has been sought by an ex-male partner in a marriage contract against the affirmation of the dissolution of the   marriage…