Law: Family Courts Act, 1964

Section: 5,Sched

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction of High Court---Scope---Suit for recovery of dower---Family Court accepting claim of wife with regard to four Tolas of gold ornament given to her by husband at time of marriage, decreed her suit-- Evidence on record had revealed that at the time of marriage, alleged gold ornament were given by husband to wife in lieu of dower which subsequently were taken back by him---Statement of wife in that respect had remained unchallenged---Family Court had considered matter from all angles and had come to correct conclusion that wife was entitled to recovery of alleged gold ornaments---Finding of Family Court could not be successfully challenged in Constitutional petition, unless Family Court was found to have exceeded jurisdiction, acted without jurisdiction or its finding was shown to have passed on no evidence---Constitutional jurisdiction would not lie to challenge an order on the ground that evidence in case was not correctly appreciated---Finding of fact recorded by Court of competent jurisdiction, could not be disturbed simply on the ground that another view could be possible on the same evidence---High Court in its Constitutional jurisdiction, could not sit as a Court of appeal and could not substitute finding of fact recorded by Court below--­Judgment of Family Court had revealed that plausible reasons had been given in support of conclusion arrived at by Family Court and no case of misreading or non-reading of evidence had been made out---Appraisal and evaluation of evidence by Court could not be made in Constitutional petition. ORDER IJAZ-UL-HASSAN KHAN, J.---Javed Khan petitioner has filed instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, seeking annulment of judgment and decree dated 29-7-2004 passed by learned Judge Family Court, D.I. Khan whereby suit of Mst. Fozia Azim respondent for recovery of Maintenance and dower etc. was decreed. 2. Mst. Fozia Azim was married to Javed Khan on 22-3-1999. The couple was blessed with a daughter who is presently living with her…

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