Law: Constitution of Pakistan, 1973

Section: 199

Summary:

The petitioner, Osama Nadeem, challenged the concurrent judgments of the trial court (IXth Civil/Family Judge, Malir) and the appellate court (Additional District & Sessions Judge-VIII, Malir) in a family matter (Family Suit No. 04/2022 / Family Appeal No. 21/2024) regarding maintenance, dower, and dowry claims filed by the respondents/plaintiffs. The trial court granted maintenance for iddat period, past and future maintenance for minor children, clothing allowance, and dower amount. The appellate court upheld this decree. The petitioner argued limited income, disobedience of the wife, and his second marriage as grounds to reduce or dismiss obligations. The High Court, exercising constitutional jurisdiction under Article 199 of the Constitution, dismissed the petition, holding that concurrent factual findings cannot be interfered with unless there is manifest illegality, jurisdictional defect, or perversity. The court emphasized that constitutional jurisdiction is supervisory, not appellate, and cannot re-evaluate evidence or substitute findings of fact.

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