Law: Muslim Family Laws Ordinance, 1961

Section: 8

  a. Muslim Family Laws Ordinance (VIII of 1961)-- ----S. 8---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction, exercise of---No case for misreading or disregard of any material piece of evidence had been made out---Question raised by petitioner related to appreciation of evidence which could not be undertaken in exercise of Constitutional jurisdiction. Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 8---Marriage was dissolved on basis of Khula'---Husband neither had lodged any claim before Trial Court for payment of any benefit allegedly conferred by him on his wife nor produced Nikahnama on basis of which he had claimed return of benefits-- -Conduct of husband, would disentitle him to seek return of alleged benefits---Court below in circumstances rightly declined to calculate alleged benefits. Abdul Majid v. Razia Bibi and another P L D 1975 Lah. 706 ref. Masood Javed for Petitioner. Jari Ullah Khan for Respondent No.2. Date of hearing: 5th March, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the order dated 19-2-1990 passed by the learned Additional District Judge, Lahore whereby the judgment and decree dated 24-4-1989 passed by the learned Judge, Family Court, Lahore was modified to the extent that Khula` was maintained but compensation of Rs.50,000/- was dis allowed. The grievance of the petitioner relates to compensation alone. `   Mr. Masood Javed, learned counsel for the petitioner argued that the impugned order is based on misreading/disregard of material evidence on record, inasmuch as according to Nikah Nama 16 tolas of ornaments were handed over by the husband at the time of Nikah to respondent No.2, but the learned Additional District Judge, erred in holding that there was no evidence on record for calculation of the benefits conferred on the contesting respondent by the petitioner herein. Mr. Jari Ullah Khan, learned…