Law: Family Courts Act, 1964

Section: 14

Law: Constitution of Pakistan

Section: 199

 Summary The petitioner challenged a Family Court decree and an appellate order dismissing his appeal for non-prosecution through a constitutional petition. The High Court held that since an adequate alternate remedy (restoration of appeal before the Appellate Court) was available and not availed, the constitutional petition was not maintainable. The Court emphasized that constitutional jurisdiction is discretionary and limited, and cannot substitute statutory remedies like appeal. Consequently, the office objection was upheld.  Tag Line Constitutional jurisdiction cannot be invoked when an adequate alternate remedy (restoration of appeal) is available but not availed. ORDER; The petitioner, Muhammad Muzaffar Hussain, has filed the titled constitution petition to challenge judgment and decree dated 23.10.2025 (‘impugned decree’) passed in favour of Saba Hayat, respondent No. 3 (‘respondent’) by the learned Senior Civil Judge (Family Division) Pakpattan Sharif (‘Family Court’/ ‘Trial Court’) and order dated 21.01.2026 (‘Impugned order’) passed by the learned Additional District Judge, Pakpattan Sharif (‘Appellate Court’), whereby the appeal filed by the petitioner has been dismissed for non-prosecution. The office has raised objection to avail proper remedy, which on contest by the petitioner has been placed before this Court for adjudication of the same and is reproduced below:   “Please avail proper remedy by filing application for restoration before learned Additional District Judge concerned.” The Appellate Court had dismissed the appeal filed by the petitioner for non-prosecution vide order dated 21.01.2026, which is reproduced below: “Case is called. Nobody turned up on behalf of the appellant. Enough court time has been passed. So, this appeal is hereby dismissed for non-prosecution.” The afore-mentioned order in addition to the decree passed by the Family Court is impugned herein. The learned counsel for the petitioner when confronted that the petitioner has the alternate remedy available to him to…