Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Constitution of Pakistan, Art. 199---Constitutional petition---Suit for recovery of maintenance allowance---Scope---Suit for recovery of maintenance allowance was decreed by Trial Court and respondents were held entitled to recover maintenance at the rate of Rs. 3,500 per month each---Contention of petitioner was that Trial Court had decreed the suit without keeping in view his financial status---Validity---Petitioner himself had admitted in an earlier constitutional petition that he could pay Rs. 5000 per month to each of the minors as maintenance allowance till disposal of suit for maintenance---Petitioner was now estopped to take plea of financial status contrary to his earlier statement---High Court in its constitutional jurisdiction did not ordinarily reappraise the evidence and substitute findings of facts recorded by Trial Court nor did it give its opinion regarding quality or adequacy of evidence merely on the ground that another view was possible---Assessment and appraisal of evidence was the function of Family Court which was vested with exclusive jurisdiction and findings of fact determined by a court of fact could not be set aside by High Court in its constitutional jurisdiction---Constitutional petition, being devoid of merit, was dismissed. Abdul Rehman Bajwa v. Sultan and 9 others PLD 1981 SC 522 ref. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABIR, J.- Through instant constitutional petition, the petitioner has called in question the judgment and decree dated 20.03.2017 passed by Judge Family Court, Layyah whereby the suit for recovery of maintenance allowance filed by respondents Nos. 2 to 5 ("respondents") was decreed against the petitioner. 2. Brief facts of the case are that respondents Nos. 2 to 5 filed a suit for recovery of maintenance allowance against the petitioner which was ex-parte decreed by the Judge Family Court, Layyah vide judgment and decree dated 06.02.2014 whereby the respondents were held entitled to recover Rs.10,000/- per month from the date of institution of the suit with 10% annual increment whereas prayer with regard to past maintenance allowance was declined. The…

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