Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Constitution of Pakistan, 1973

Section: 199

(a) Family Courts Act (XXXV of 1964)--- ----S. 5, Sched---Suit for recovery of maintenance allowance for wife and children---Husband is under obligation to maintain his wife and father is obliged to provide maintenance to his son till he attains majority and to his daughter till she gets married and maintenance includes food, shelter, clothing and all other things which are necessary for the life. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Constitutional jurisdiction could not be converted into appellate jurisdiction---Disputed questions of facts could not be re-agitated in constitutional jurisdiction---Findings of fact recorded by the Courts below could not be disturbed in constitutional jurisdiction of High Court---High Court had to consider whether the grant of relief prayed for would foster the cause of justice or it would perpetuate injustice. (c) Pleadings--- ----Parties are bound by their pleadings---Evidence adduced beyond the pleadings is not permissible under the law---Party has to first plead facts and pleas in the pleadings and then to prove the same through evidence and no one can be allowed to improve the case beyond what is originally set-up in the pleadings---Evidence or argument with regard to a plea not taken in the pleadings cannot be looked into and no one is allowed in a judicial proceeding to adduce evidence in support of contention not pleaded by him, which can certainly be ruled out of consideration and the decision of the case cannot rest on such evidence and contention beyond the pleadings. THIS JUDGMENT DELIVERED BY: KHADIM HUSSAIN M. SHAIKH, J.--- Through this petition, petitioner Faiz Ahmed son of Haji Ahmed Khan has challenged the judgment dated 06.01.2018 and decree dated 08.01.2018, passed by learned Additional District Judge, Matiari dismissing the Family Appeal No.14 of 2018, re-Faiz Ahmed v. Mst. Soni filed against the judgment and decree dated 31.07.2017, passed by the court of Family Judge-II, Matiari in Family Suit No.54 of 2016, re-Mst. Soni v. Faiz Ahmed Kalhoro, partly decreeing the said suit to the extent of past maintenance of the plaintiff at the rate of…

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