Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 185(3),199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5---Constitution of Pakistan (1973), Arts. 185(3) &199--- Constitutional jurisdiction of High Court--- Maintenance of minor children--­Concurrent findings of fact by the Courts below---Maintenance was fixed as Rs.1,500 by the Family Court but the same was reduced by the Lower Appellate Court to the sum of Rs.1,000 per mensem---High Court in exercise of Constitutional jurisdiction had upheld the of the Lower Appellate Court and dismissed the Constitutional petition ---Validity--­Maintenance fixed by the Courts below was proper and the same was within the exclusive jurisdiction of the Family Court and the Lower Appellate Court---Petitioner could have challenged the findings of the Courts below in the limited Constitutional jurisdiction of High Court only if he had succeeded in proving that the findings of the two Courts below were not based on any evidence or were based on total misreading of evidence---High Court had rightly dismissed the Constitutional petition---Leave to appeal was refused by Supreme Court. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---The above petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, is directed against the judgment, dated 15-2-2000 passed by the learned Lahore High Court, Rawalpindi Bench, whereby Writ Petition No.2660 of 1993 filed by the petitioner was dismissed. 2. The petitioner married Mst. Tanzeem Akhtar. The marriage was apparently not successful because according to the petitioner, his wife deserted him to live with her father. It appears that the petitioner had also half-heartedly attempted to get the custody of his children through a learned Guardian Court but then abandoned his efforts. On 15-2-1998 Tazeem Akhtar filed a suit before respondent No.2 claiming maintenance for her four children with effect from 28-5-1997. She had also filed a similar suit for herself and recovery of dower amounting to Rs.50,000. Arshad Mehmood petitioner in turn filed a suit against Mst. Tazeem Akhtar for restitution of conjugal rights. All the three suits were consolidated. The learned trial Judge dismissed the suit of Mst. Tazeem Akhtar to the…

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