Law:

Section:

(a) West Pakistan Family Courts Act (XX%V of 1964)--- ----S.5 & Sched.---Dissolution of marriage on ground of Khula'---Husband did not seriously contest finding of Court below to the effect that it was a fit case in which marriage was to be dissolved on basis of Khula` and that in event of allowing marriage to subsist parties were likely to transgress limits prescribed by Allah---Husband had simply contended that wife was liable to return golden ornaments in lieu of Khula` which she had received from him in lieu of dower---Husband failed to prove by producing unimpeachable evidence that he had given said ornaments to wife by way of dower---In absence of evidence to prove factum of delivery of ornaments to wife by way of dower, Court below had rightly decided that ornaments were not in fact handed over by husband to wife even if that fact was mentioned in Nikahnama. (b) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Finding recorded by Court below based on material available on record, could not be interfered with in Constitutional jurisdiction of High Court when such finding had not been demonstrated either to be fanciful or arbitrary---Merely because another view of evidence could be taken, would be no ground to urge that finding of Court below should be substituted by High Court in exercise of Constitutional jurisdiction. JUDGMENT Brief facts of the case are that Mst. Zubaida Bibi (respondent No.l) filed a suit for dissolution of marriage against the petitioner on the grounds of habitual cruelty and misappropriation of dowry. She also claimed Khula`. The suit was resisted by the petitioner who also instituted a suit for restitution of conj al rights. Both the suits were consolidated. '° The learned Judge, Family Court, found all the issues against respondent No.1 and vide judgment dated 7-5-1990 the suit for dissolution of marriage was dismissed while the suit of the petitioner for restitution of conjugal rights was decreed. Respondent No.1 file an appeal which was accepted. Before the learned Additional District Judge only the issue regarding Khula` was pressed. It was observed that she was adamant in her…

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