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.

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                        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