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West Pakistan Family Courts Act (XXXV of 1964)-------S.10(4) [as amended by Family Courts (Amendment) Ordinance (LV of 2002)]---Reconciliation in suit for dissolution of marriage had failed--­Family Court had passed the decree for dissolution of marriage on ground of Khula'---Such decree was challenged in Constitutional petition which was dismissed---Validity---Power to pass decree for dissolution of marriage was available to the Court in view of the added proviso to S.10(4), West Pakistan Family Courts Act, 1964---No illegality or error bf jurisdiction was committed by the Judge Family Court, in passing the and decree---Intro-Court appeal was dismissed in circumstances. Mst. Khurshid Bibi v. Baboo Muhammad Amin PLD 1967 SC 97 and Mst. Balqis Fatima v. Najm-ul-Ikram Qureshi PLD 1959 (W.P.) Lah. 566 distinguished. ORDER Appellant and respondent No.2, were married; unfortunately, this sacred union could not succeed, thus constraining the respondent No.2, to file a suit for dissolution of marriage, on the ground of Khula; the learned Judge Family Court, issued notice to the appellant and endeavoured for pre-trial reconciliation, which failed. Resultantly, by relying upon the proviso to subsection 4 of section 10, of the Family Courts as amended by Ordinance LV, 2002, the learned Judge proceeded to pass the decree for the dissolution in favour of the respondent No.2 and against the appellant. This was challenged by the appellant through the Writ Petition No.14661 of 2003, which has been dismissed by the learned Single Judge in Chambers vide order dated 13-11-2003. Hence this I.-C.A. 2. Learned counsel for the appellant contends that without determining the question, about the return of the benefits derived by a wife (respondent No. 2) on account of the marriage with the appellant, no decree for Khula' could be passed by the learned Judge Family Court: This error, according to the counsel, is apparent on the face of the record, and should not have been corrected by the learned Single Judge in Chambers in its Constitutional jurisdiction, but the learned Judge has not even adverted thereto. On the strength of the judgments reported as Mst. Khurshid Bibi v. Baboo…

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