Law: Family Courts Act, 1964

Section: 5, 14

1. Family Courts Act (XXXV of 1964)---

----Ss. 5 & 14---Constitution of Pakistan, Art. 199---Family dispute---Factual controversies settled by the Trial Court and Appellate Court---Non-interference by High Court in its Constitutional jurisdiction---High Court is not vested with the jurisdiction to act as a court of appeal against Family Court decisions in the absence of specific statutory provisions conferring such a right of appeal in family cases - In view of section 14 of the Family Courts Act, 1964, decision of Family Court can be challenged only once before the District Court as the only appellate forum and no further right of appeal has been provided against the decision of such appellate court---Section 14 does not in any manner, whatsoever, envisage any right to appeal against the decision of appellate court in the High Court indirectly by filing a constitutional petition---Under Article 199 of the Constitution, the High Court cannot sit as a court of appeal for the purpose of addressing factual controversies---In the realm of family law, the Legislature has intentionally refrained from granting the right of appeal to the High Court from decisions rendered by appellate courts---This deliberate omission indicates a purposeful legislative strategy to bring family litigation to a definitive conclusion---By precluding the possibility of further appeal to the High Court, the Legislature is effectively aiming to prevent prolonged family disputes, ensuring that appellate court rulings are conclusive and that family law matters are resolved with definitive closure---Therefore, in absence of any express right to appeal, the decisions of appellate court pertaining to family matters are considered to be final and conclusive.

Ibrahim v. Muhammad Hussain PLD 1975 SC 457; Arif Fareed v. Bibi Sara and others 2023 SCMR 413 and Hamad Hassan v. Mst. Isma Bukhari and others 2023 SCMR 1434 ref.