Law: Constitution of Pakistan, 1973

Section: 185(3),199,,,/ 5

Law: Family Courts Act, 1964

Section:

(a) Constitution of Pakistan-------Art. 185(3)---Appellate jurisdiction of the Supreme Court---Scope---Supreme Court is not a fact-finding Court---In its jurisdiction under Article 185 (3) of the Constitution, the Supreme Court cannot go behind concurrent findings of fact unless it can be shown that the findings on the face of it were against the evidence, or were so patently improbable or perverse that to accept it would amount to perpetuating a grave miscarriage of justice, or if there has been any misapplication of the principle relating to appreciation of evidence, or the finding could be demonstrated to be physically impossible.Sardar Ali Khan v. State Bank of Pakistan 2022 SCMR 1454 ref.(b) Family Courts Act (XXXV of 1964)-------S. 5---Constitution of Pakistan, Art. 199---Family dispute---Judgment/order passed by Family Court--- Interference by High Court in its Constitutional jurisdiction---Since the legislature has conferred exclusive jurisdiction upon the Family Courts, by virtue of section 5 of the Family Courts Act, 1964 to expedite family cases and tried to cordon off family litigation to the extent of a single family appeal, it would not reflect well on a Constitutional Court to interfere with the exclusive jurisdiction of the Family Courts under the writ jurisdiction as provided under Article 199 of the Constitution, unless the jurisdiction exercised by the Family Court is contrary to law and/or findings reached in exercise of said jurisdiction are perverse and without proper appreciation of evidence in that non-interference would lead to a grave miscarriage of justice or for that matter injustice.Arif Fareed v. Bibi Sara 2023 SCMR 413 ref.(c) Family Courts Act (XXXV of 1964)-------S. 5 & Sched.---Constitution of Pakistan, Arts. 185(3) & 199---Suit for recovery/return of dowry articles---Claim of dowry receipts being fake and fabricated---Factual controversy---Non-interference by High Court and Supreme Court---Petitioner s (husband s) assertions about supposedly fake and fabricated receipts of dowry articles was a factual inquiry, which was undertaken by the Family Court and the Appellate Court and could not have been done by the High…

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