Law: Family Courts Act, 1964

Section: XXXV,5

Law: Constitution of Pakistan, 1973

Section: 199

Family Courts Act (XXXV of 1964)-------S.5, Sched.---Constitution of Pakistan, Art. 199---Suit for recovery of dower, dowry articles and maintenance---Concurrent findings of fact recorded by the Family Court and Appellate Court---Interference by the High Court in its constitutional jurisdiction---Scope---Once the matter has been adjudicated on facts by the Trial and Appellate Courts, the High Court should not re-evaluate the facts or substitute the findings of the Appellate Court with its findings, thus, it is essential to achieve closure in legal proceedings and prevent unnecessary litigation--Findings arrived at by the trial and appellate courts were based on proper appraisal of evidence by attending all the material points and also did not suffer from wrongful or excessive exercise of jurisdiction, thus, the same required not to be meddled with---Constitutional petition was dismissed, in circumstances. M. Hamad Hassan v. Mst. Isma Bukhari 2023 SCMR 1434 rel.Date of hearing: 4th September, 2024.JUDGMENTSHAUKAT ALI RAKHSHANI, J.---The instant constitutional petition has been filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 ("Constitution") by the petitioner, which carries the following relief;"It is therefore respectfully prayed that the petition may be allowed and while set aside the Judgment and decree dated 14.09.2023 passed by Family Judge III Quetta and judgment decree dated 27th June 2024 passed by Hon'ble Additional Session Judge X Quetta to the extend of not granting gold ornaments stated in issue No.1 and further prayed to decree the suit of plaintiff in toto in the interest of justice fair play and equity."2.    Relevant facts for disposal of the instant petition are that the petitioner filed a suit before the learned Family Judge-III, Quetta ("Trial Court") for recovery of dower, dowry articles and maintenance, averring therein that the petitioner got married to respondent No.1 on 07.02.2019 against Haq Mehr of 3 Tola gold and 5 Marla residential house situated at Hurnarran Abbottabad, which is still payable and out of wedlock minor Ayat Noor aged two years was born, however, after few months of…