MESSRS PRINTPAC (PVT.) LIMITED Versus RICE EXPORT CORPORATION OF PAKISTAN LTD.

ORDER

In this Constitutional petition, judgment and decree, dated 20‑11‑1991 passed by learned Additional District Judge, Jhang on acceptance of appeal of respondent No.1 for dissolution of her marriage on the basis of repudiation of the same in exercise of option of puberty after attaining majority has been called in question.

2. The respondent No.1 filed a suit for dissolution of her marriage on the ground that her marriage took place when she was about 5/7 years old. She claimed to have repudiated the marriage in exercise of right of option of puberty after attaining the age of puberty. The learned trial Court after holding that the marriage took place when the plaintiff was minor, dismissed the suit. on the sole ground that except her own statement there was no evidence about her age when she exercised right of option of puberty. The appeal filed by the plaintiff has been. accepted through the impugned judgment and decree, dated 20‑11‑1991 which has been challenged in this Constitutional petition.

3. There was evidence of witnesses produced by the plaintiff under issue No.1 about her age which was .accepted as against the evidence of the present petitioner and while deciding issue No.4 the learned trial Court could take into consideration the said evidence in order to ascertain her age at the time of exercise of right of option of puberty. The learned lower appellate Court did not commit any illegality while holding that the plaintiff exercised right of option of puberty within time which being a finding of fact based on evidence, has not been shown to have suffered from any illegality or jurisdictional defect.

4. For the foregoing reasons, the writ petition is dismissed in limine.

AA./A‑102/L Petition dismissed.