Law: Constitution of Pakistan, 1973

Section: 199

Summary: The petitioner challenged the maintenance awarded by the Family Court and the appellate court, claiming it was excessive compared to his income and responsibilities toward elderly parents. The High Court found no error in the courts’ assessment of evidence or quantum of maintenance. The petition was dismissed, emphasizing that constitutional jurisdiction under Article 199 cannot be used to re-appraise family disputes where statutory appeal mechanisms exist. The court highlighted the importance of expeditious disposal of family matters and adherence to the Family Courts Act, 1964. Sections Used (Numbers Only): 199, 1964 (Family Courts Act, 1964) Two 2-Word Descriptions: Maintenance Dispute Family Litigation J U D G M E N T  Through this constitutional petition, the petitioner has impugned the judgment and decree dated 16.08.2023 passed by the learned Family Judge, East Karachi, in Family Suit No.449 of 2021, filed by Respondent No.1, as well as the judgment and order dated 11.03.2024 passed by the learned VI-Additional District Judge, Karachi East, in Family Appeal No.205 of 2023, whereby the appeal was dismissed and the family suit filed by Respondent No.1 for dissolution of marriage by way of Khula, recovery of maintenance, dowry articles, as well as original educational certificates and CNICs, was decreed. The present petition has been filed challenging both the aforesaid judgments to the extent of the quantum of maintenance awarded by the courts below. Learned counsel for the petitioner submits that the petitioner is earning Rs.35,000/- per month, whereas the learned trial Court has directed him to pay maintenance in the sum of Rs.10,000/- per month. She further submits that the petitioner is also responsible for maintaining his elderly parents and, therefore, is not in a position to pay the said amount. She contends that both the courts below failed to consider this aspect of the matter and arbitrarily fixed the maintenance at Rs.10,000/- per month. She prays that the impugned judgments may be modified to the extent that the maintenance be reduced to Rs.5,000/- per month. Heard learned counsel for the petitioner and perused the available…