Law: Family Courts Act, 1964

Section: XXXV,5,14

Law: Constitution of Pakistan, 1973

Section: 199

(a)    Family Courts Act (XXXV of 1964)-------Ss. 5, Sched. & 14---Constitution of Pakistan, Art. 199---Suit for dissolution of marriage and recovery of dowry articles---Denial of the petitioner qua receipt of dowry articles---Concurrent findings of fact recorded by the Family Court and Appellate Court qua dowry articles---Interference by the High Court in its constitutional jurisdiction---Scope---There were concurrent findings of facts against the petitioner given by both the forums below---Arguments of petitioner were based on hypothesis as no tenable evidence had been adduced by him, which even did not appeal to common sense because the dowry articles are traditionally shifted to the house of bridegroom before the actual ceremony of marriage---Both the courts below had discussed the entire evidence led by the parties in proper context and had come to a conclusion thereby dismissing the case of the petitioner that he did not have any dowry articles of the plaintiff/respondent in his possession--In constitutional jurisdiction, reappraisal of evidence just because another view is possible, is not permissible---When it had not been indicated that there was any apparent illegality in appreciating the evidence by both the courts below, the High Court would not rush to substitute its view for the findings recorded by the courts below, unless it is shown from the record that some ostensible illegality has been committed---Petitioner had failed to point out any illegality in the findings of both the courts below, thus, High Court did not find any merit in the constitutional petition, which was dismissed along with pending applications, in circumstances.(b)    Constitution of Pakistan-------Art. 199---Constitutional jurisdiction---Scope---Reappraisal of evidence--Permissibility of another view---In constitutional jurisdiction, reappraisal of evidence just because another view is possible, is not permissibleDate of hearing: 28th August 2024.ORDERMUHAMMAD IQBAL KALHORO, J.---Respondent No. 1 filed a family suit for dissolution of marriage and recovery of dowry articles against petitioner. The petitioner after being summoned…