Law: Family Courts Act, 1964

Section: 14

(a) Family Courts Act (XXXV of 1964)--- ----S. 14---Constitutional petition---Suit of petitioner was partly decreed and her appeal challenging decision of Family Court on certain issues was dismissed---Questions whether plaintiff was entitled for maintenance, and if yes, at what rate, and, upto what period; and whether defendant had paid dower amount to the plaintiff in shape of gold---Held, that petitioner had failed to lead proper evidence which could inspire the Courts to pass a decree in her favour to the extent of certain issues wife had returned to the house of respondent in his suit for conjugal rights on her own and finally took Khula---No confidence inspiring evidence proving claim regarding dower was given option to withdraw the petition which was not exercised---Constitutional petition was dismissed with cost. (b) Constitution of Pakistan--- ----Art. 199--- Constitutional jurisdiction--- Scope--- Constitutional jurisdiction under Art. 199 of the Constitution could be regarded as being on a higher pedestal as against the jurisdiction under S. 115 of Civil Procedure Code, 1908---To consider Art. 199 of the Constitution designed to empower the High Court to interfere with the decision of the Court or tribunal of inferior jurisdiction merely because in its opinion the decision was wrong was wholly wrong---Such wrong consideration would make High Courts jurisdiction indistinguishable from the exercise in a full-fledged appeal, which plainly was not the intention of the Constitution makers. Farhat Jabeen v. Muhammad Safdar 2011 SCMR 1073 and Muhammad Hussain Munir and others v. Sikandar and others PLD 1974 SC 139 ref. (c) Constitution of Pakistan--- ----Art. 199---Constitutional and appellate jurisdictions---Scope---Court should always be slow in exercise of Constitutional jurisdiction where the statute had provided appeal and party had, either availed or declined to avail the remedy; unless it was shown that the action taken or order passed/intended to be passed was palpably without jurisdiction and was violative of the principles of justice. Ali Muzafar v. Syed Muhammad Ali Abedi 2006 CLC 379 ref. (d) Constitution of Pakistan--- ----Art. 199---Concurrent…

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