Law: Muslim Family Laws Ordinance, 1961

Section: 9,10

Law: Constitution of Pakistan, 1973

Section: 199

Law: Family Courts Act, 1964

Section: 14(2)(c)

Muslim Family Laws Ordinance, 1961 (VIII of 1961)-- ----Ss. 9 & 10--Family Courts Act, 1964, S. 14(2)(c)--Constitution of Pakistan, 1973, Art. 199--Suit for recovery of maintenance allowance post and future, dower and dowery articles--Decreed to extent of future maintenance allowance dower mentioned in Nikhanma and dowery articles--Appeals--Appeal filed by petitioner was dismissed--Appeal filed by respondent was allowed--Substitute findings--It cannot be stated that respondent has brought nothing along with her. There is no hard and fast rule to determine exact value of dowry articles however, Courts are left with to apply judicious mind and have to keep into consideration norms and customs of society and tentative assessment of alternate price o dowry articles. It is noticed that value of articles must have depreciated with passage of time with their use, so findings of learned appellate Court relating to recovery of dowry articles keeping in view wear and tear, are upheld--This Court in its extraordinary jurisdiction can neither reappraise evidence and substitute findings of facts recorded by Courts below, nor can give its opinion regarding quality or adequacy of evidence. assessment and appraisal of evidence is function of Family Court--Petitioner in both these petitions were required to show some jurisdictional defect committed by Court below entertainable by this Court while exercising Constitutional jurisdiction. No such defect has been highlighted in impugned s & decrees passed by Courts below, therefore, this constitutional petition cannot be used as a substitute of appeal to set-aside findings of facts recorded by Courts below--Petition was dismissed. PLD 1981 SC 522, 2003 YLR 3097 & 2003 CLC 702, ref. THIS JUDGMENT DELIVERED BY: MUZAMIL AKHTAR SHABIR, J.- Through this single Judgment, I intend to decide W.P.No. 16924 of 2017 and W.P.No. 750 of 2018 as both the petitions have arisen out of the same judgments and decrees. 2. Brief facts of the case are that the marriage of Respondent No. 3/plaintiff ('respondent') was solemnized with the petitioner on 26.12.2015 and they remained issueless. On 12.11.2016, the respondent filed a suit for…

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