Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)------S. 5 & Sched.---Constitution of Pakistan, Art. 185(3)---Recovery of maintenance allowance and dowry articles---Suit filed by wife (respondent) for maintenance and recovery of dower amount was decreed by the Family court with the order that wife was entitled for past and future maintenance at the rate of Rs.3,000 per month with a 5% increase per year till legal entitlement, while each minor daughter was entitled to past and future maintenance at the rate of Rs. 2,000 per month with a 5% increase per year till their marriage---Husband (petitioner) filed appeal and constitutional petition against said order before First Appellate Court and High Court respectively, but both were dismissed---Contention of husband was that courts below had not taken into account the financial status and limited source of income of the husband, which was not sufficient to meet monthly maintenance as ordered by the Family Court---Validity---All courts below had given due attention to the pleadings of the parties, evidence adduced by them before the Family Court and after proper appreciation of the evidence, awarded the decree for maintenance etc., and it was for that reason that the High Court, while exercising its equitable and discretionary jurisdiction under Article 199 of the Constitution declined to intervene in the matter---Supreme Court dismissed petition for leave to appeal, in circumstances. Abdul Qadir Khan, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 17th June, 2011. JUDGMENT ANWAR ZAHEER JAMALI, J.---By this civil petition, leave to appeal is sought by the petitioner Abdul Razzak to impugn the order dated 18-4-2011, in C.P. No.457 of 2009, passed by learned Single Judge in Chambers of the High Court of Sindh, Bench at Sukkur, whereby said petition, preferred by him against the judgments and decrees of the Family Court dated 26-6-2007 and the appellate Court dated 18-3-2009/20-3-2009, passed in a suit for maintenance and recovery of dower amount, being Family Suit No.23 of 2006, was dismissed, and the concurrent findings recorded by respondents Nos.2 and 3 herein, in favour of…

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