Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

(a) Family Courts Act (XXXV of 1964)--- ----S. 5 Sched.---Suit for recovery of maintenance allowance, dowry articles and delivery expenses---Scope assailed orders passed by courts below whereby maintenance of Rs. 4000 per month was awarded to his wife for iddat period; minor was held entitled to receive Rs. 5000 per month; Rs. 20,000 were awarded to the wife of petitioner as delivery and medical treatment charges and the wife was further held entitled to recover Rs. 1,50,000 as alternate price of dowry articles---Validity---Maintenance for the iddat period was hardly sufficient to meet the needs of petitioners wife could not show that Rs. 5000 were beyond his earning capacity---Rupees 5000 were hardly sufficient to meet the day-to-day expenses of the minor---No exception could be taken to the award of Rs. 20,000 as delivery and medical treatment charges although had deposed that dowry articles receipts were fake but his witness had deposed that the dowry articles were brought on a pick-up---Appellate Court had rightly held the wife entitled to recover Rs. 1,50,000 as an alternate price of dowry articles---Constitutional petition was dismissed, in circumstances. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Findings of fact---Scope---High Court, while exercising constitutional jurisdiction, does not ordinarily reappraise the evidence produced before the courts below to substitute findings of facts recorded by the said courts record or any illegality if pointed out. ORDER MUZAMIL AKHTAR SHABIR, J.--- Through this constitutional petition, the petitioner has called in question the judgment and decree dated 27.02.2019 passed by learned Judge Family Court, Muzaffargarh, whereby family suit filed by the respondents Nos. 3 and 4 has been partially decreed in the manner that plaintiff / respondent No.3 was held entitled to recover maintenance allowance @ Rs. 4000/- per month for iddat period only and plaintiff/respondent No.4 was held entitled to recover Rs. 5000/- per month as maintenance allowance from institution of the suit till her legal entitlement with 10% annual increase. The respondent No.3 was also held entitled to recover Rs.…

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