Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 199

(a) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Recovery of dowry articles, maintenance for wife and minors and child birth expenses---Quantum---Propriety---Husband/petitioner presented no evidence to substantiate his claim that no dowry was given to the wife---Appellate court after perusing the evidence and record rightly enhanced the maintenance for wife from Rs.4,000/- to Rs.6,000/- per month till the expiry of Iddat period; enhanced maintenance allowance for both minors from Rs.4,000/- to Rs.7,000/- per month each with 10% annual increase till their legal entitlement; allowed the wife to recover Rs.10,000/- from the husband as (child) delivery expenditures on the ground that she gave birth to one of the minors through a midwife at home hence some expenditures was definitely borne out at the birth of the baby---Fact that the husband had married three times and had other children shall not deprive the respondent-wife and the minors from their rightful claim---Constitutional petition filed by the petitioner-husband was dismissed. (b) Constitution of Pakistan--- ----Art.199---Constitutional jurisdiction of the High Court---Scope---Interference in orders/ s of courts below---In constitutional jurisdiction, the High Court was not sitting as an appellate court and could not reappraise the evidence---Interference in constitutional jurisdiction could only be done where the Courts below had acted illegally or with material irregularity or exercised jurisdiction not vested with them or passed orders which were in excess of their jurisdiction---Even in a case where it was alleged that there was misreading and non-reading of evidence, the same would not mean re appraisal of the evidence but would have to fall within the purview of being a material irregularity or illegality on the part of the subordinate courts. ORDER AYESHA A. MALIK, J.--- Through this petition, the Petitioner has impugned judgment dated 21.12.2018 passed by Respondent No.2, Senior Civil Judge, Okara and judgment dated 13.05.2019 passed by Respondent No.1, Additional District Judge, Okara. 2. Facts of the case are that Respondent No.3 filed a suit for dissolution of marriage, maintenance…

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