Law: Constitution of Pakistan, 1973

Section: 199

Summary:

The petitioner, Mst. Hiba Hassan, challenged the judgment and decree dated 11.01.2025 passed by the Additional District Judge-IV, Karachi [Central], which upheld the judgment and decree of 02.09.2024 passed by the Family Judge-XVI, Karachi [Central]. The original suit was filed by the petitioner for the dissolution of her marriage by way of Khula, recovery of dowry articles, and maintenance. The Family Court granted Khula, ordered the return of dowry articles, and partially decreed the maintenance.

The petitioner appealed the trial court's decision to the Additional District Judge-IV, Karachi, but the appeal was dismissed, maintaining the original judgment. In response, the petitioner filed a constitutional petition under Article 199 of the Constitution to challenge the dismissal of her appeal and request further relief.

The court observed that constitutional petitions under Article 199 are not meant to substitute an appeal process or re-evaluate facts already decided by lower courts. The High Court’s role is to ensure there is no substantial error or jurisdictional mistake in the lower courts' decisions. The petitioner failed to demonstrate any legal error, and both lower courts had made concurrent findings based on the evidence.