Law:

Section:

Family Courts Act (XXXV of 1964)--- ----S. 5, Sched. & S.17 (3)---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Suit for recovery of maintenance allowance---Family Court fixed maintenance allowance @ Rs. 3,000/- per month for each plaintiff (wife and children) with 15% annual increase---Contention of husband/father was that plaintiff-wife prayed for increase of 10% per annum but Family Court had granted 15% increase per annum in the maintenance allowance without any reason---Validity---Defendant being father of child could not deny the maintenance allowance fixed by the Family Court which was not harsh or excessive---Assessment and appraisal of evidence was the function of Family Court---Courts below had fixed maintenance allowance after considering needs/requirements of plaintiffs and financial status of the defendant---Defendant being a retired employee and except pension he had no other source of income, annual increase in the maintenance allowance was reduced to 10%---Courts below had recorded concurrent findings with regard to maintenance allowance---No illegality or irregularity had been pointed out in the impugned s passed by the Courts below---Constitutional petition was dismissed in circumstances. Lt. Col. Nasir Malik v. Addl. District Judge, Lahore and others 2016 SCMR 1821; Syed Hussain Naqvi and others v. Mst. Begum Zakara Chatha through L.Rs. and others 2015 SCMR 1081; Mst. Nusrat and others v. Dr. Cap. Shahzad Riaz and others 2011 SCMR 1325; Waqar Haider Butt v. Judge, Family Court and others 2009 SCMR 1243; Muhammad Habib v. Mst. Safia Bibi and others 2008 SCMR 1584 and Mst. Sarwar Mai and another v. Judge Family Court, Muzaffargarh and others 2010 YLR 1234 rel. (b) Constitution of Pakistan--- ---Art.199---Constitutional jurisdiction of High Court---Scope---High Court in its extraordinary jurisdiction could not go behind concurrent findings of facts unless it can be shown that the finding is on the face of it against the evidence or so patently improbable and illegal, or perverse that to accept same could amount to perpetuating a grave miscarriage of justice, or if there has been any misapplication of…

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