Law:

Section:

(a) West Pakistan Family Courts Rules, 1965-- ---R.10-A---Evidence---Mode of recording---Presiding Officer of the Family Court is authorised to have the evidence of witnesses taken down in writing by, someone else in his presence and hearing and under his direction and superintendence ---Where statements of witnesses were signed by the Presiding Officer and his note thereon stated that the said statements were dictated by him to the Reader, such proceedings did not suffer from any illegality (b) Maxims- --- Falsa Demonstrations non nocat: False description does not vitiate (a document)---Where Civil Judge was also invested with the powers of a Judge Family Court, misdescription of designation, would not have any effect on the legality of trial---Such a description being demonstrably incorrect would fall within the maxim falsa demonstratio non nocat. Piao Gul v. The State PLD 1960 SC (Pak) 307 rel. (c) Constitution of Pakistan (1973)- ---Art. 199---Finding of fact can only be interfered with in writ jurisdiction, if it was shown that the Court below had misread the evidence or had not taken into consideration any material piece of evidence. M.M. Khan and others v. Chief Settlement and Rehabilitation Commissioner of Pakistan and others PLD 1962 (W.P) Lah. 468 and Habibullah Khan v. The Election Tribunal, Jhang PLD 1962 (W.P.) Lah. 797 rel. (d) Constitution of Pakistan (1973)-- --Art. 199---West Pakistan Family Courts Rules, 1965, R. 10-A---Constitutional jurisdiction cannot be substituted for appellate jurisdiction---High Court thus refrained to embark upon any discussion on the question as to whether Trial Court had not correctly appreciated the evidence on record and had placed reliance on untrustworthy witnesses. (e) Constitution of Pakistan (1973)-- --Art. 199---West Pakistan Family Courts Act (XXXV of 1964)---Constitutional jurisdiction---Scope---Where conclusions drawn by the Trial Court were correct and were supported by the material available on record, such findings did not suffer from any illegality so as to justify interference by the High Court, in constitutional jurisdiction. ORDER On 23-6-1985 Mst. Ghulam Maryam, respondent instituted a suit for…