Law: Family Courts Act, 1964

Section: 5,Sched,14

Law: Constitution of Pakistan, 1973

Section: 199

West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. & S.14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Scope---Suits for restitution of conjugal rights, dissolution of marriage, recovery of dower amount, dowry and maintenance---Family Court dismissed suit of petitioner/husband for restitution of conjugal rights and partially decreed suit of respondent/wife qua dissolution of marriage, recovery of dower amount and dowry articles, etc.---Appeal filed by petitioner-husband against and decree of Family Court, having been dismissed; petitioner husband had filed constitutional petition---Validity---Respondent-wife had produced sufficient evidence in support of her claim and nothing was brought on file in rebuttal---Specific assertion made by witness, material to the controversy of the case, having not been challenged in cross-examination by putting contrary suggestions, was to be given full credit and accepted as true unless displaced by reliable, cogent and clear evidence---High Court, in exercise of its constitutional jurisdiction, could not interfere with the findings of fact, unless it was shown that such findings by the lower Court suffered from misreading/non-reading, affecting findings on merit---Decisions of forum constituted under Special Law, were normally not interfered with in exercise of constitutional jurisdiction unless same was illegal, void and without jurisdiction---Courts below; in the present case having properly appreciated evidence available on record, concurrent findings of Courts below not suffering from any illegality, could not be interfered with in constitutional jurisdiction of High Court. Mst. Allah Raki v. Tanweer Iqbal and others 2004 SCMR 1739 and Export Promotion Bureau and others v. Qaiser Shafiullah 1994 SCMR 859 ref. JUDGMENT IJAZ-UL-HASSAN KHAN, J.---Maqsood Ahmad, petitioner filed against Mst. Samina Shaheen, respondent a Suit No.310/FC for restitution of conjugal rights, whereas Mst. Samina Shaheen filed against him Suit bearing No.418/FC for dissolution of marriage and the recovery of dower amount of Rs.50,000 dowry and maintenance etc. Both the suits were consolidated. Relevant…

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