ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
Constitution Petition No. S-79 of 2019
Date Order
with signature of Hon’ble Judge
Hearing of
case
1.
For hearing of main case.
2.
For Orders on CMA No. 1609/2019.
20-05-2019.
Mr. Ghulam
Nabi Durrani advocate for
petitioner.
Mr. Achar
Khan Gabol advocate for respondent No.1.
Mr. Agha Athar Hussain Pathan,
AAG.
.-.-.-.-.-.-.-.-.-.-
The facts in brief necessary
for disposal of instant Constitution petition are that the private respondent filed
a suit for Recovery of Dowry Articles and Maintenance against the petitioner,
it was decreed by learned II-Civil/Family Judge Rohri,
vide judgment dated 13.11.2018 which was impugned by the petitioner by filing
an appeal, it was dismissed by learned 3rd Additional District Judge
Sukkur, vide judgment dated 4.1.2019, the petitioner being aggrieved of said
judgments of learned trial and appellate courts having preferred the instant
petition before this court with a prayer to declare the above said judgments of
trial and appellate courts to be illegal and direct re-trial of the case on
Holy Quran.
It is contended by
learned counsel for the petitioner that the private respondent is legally wedded
wife of the petitioner , no divorce has taken place and
evidence which was produced by her has not been considered by learned trial and
appellate courts properly. By contending so, he sought for remand of the matter
for its adjudication on Holy Quran.
5. Learned counsel for the
private respondent and learned AAG have sought for dismissal of the instant
Constitutional petition by supporting the judgments passed by learned trial and
Appellate Courts.
6. I have considered the above
arguments and perused the record.
7. No suit is filed by the petitioner
to seek declaration that private respondent is still in his wedlock. If for the
sake of arguments, it is believed that private respondent is still in wedlock
with the petitioner then the petitioner has to maintain her legally. The dispute
between the parties with regard to maintenance and return of dowry articles even
otherwise has adequately been dealt with by learned trial and appellate courts,
same is not appearing to be open to interference for retrial on Holy Quran by this court
in exercise of its constitutional jurisdiction.
8. Consequent upon the above
discussion, the instant Constitutional petition fails and it is dismissed
accordingly with no order as to costs.
Judge
Naseem