Law:

Section:

Dissolution of Muslim Marriages Act (VIII of 1939)--­S.2(viii)--Constitution of Pakistan (1973), Art.185(3)--Wife's suit for dissolution of marriage on ground of cruelty decreed by Family Court--Husband's Constitutional Petition as also his Letters Patent Appeal were dismissed against decision of Family Court---Supreme Court found no merit in husband's appeal against decision of High Court and ordered dismissal of appeal---Husband at that stage offered to withdraw the appeal if remarks made by Family Court as to mental state of his mind and similar words, if any, used in High Court's orders were expunged--Supreme Court while keeping the finding on issue relating to cruelty intact and also other findings on other issues and maintaining the decree of dissolution of marriage between parties, expunged the offending words--Appeal dismissed, expunging words objected to. JUDGMENT NAIMUDDIN, J.---This is an almost 13 years old appeal in which leave was granted on 29-11-1977. The brief facts are that the parties were married on 14-4-1968. The respondent filed a suit for dissolution of marriage before the Family Judge, Family Court, Lahore on 10-7-1973. The material issue arising out of the pleadings of the parties was whether the appellant's conduct with the respondent has been habitually cruel. The learned Family Court decided the issue against the appellant and decreed the suit of the respondent on 28-4-1975, dissolving the marriage of the parties. The appellant filed a writ petition, which was heard by a learned Single Judge of the Lahore High Court, who held that as the subject-matter of the substantial issue arising in the case was of a factual nature, the finding thereon could not be disturbed in Writ jurisdiction. A Letters Patent Appeal was filed which was heard by a Division Bench of the Lahore…

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