Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan 1973

Section: 199

PLJ 2026 Civil (Note) 30 [Lahore High Court, Bahawalpur Bench] Family Courts Act, 1964 (XXXV of 1964)-- ----S. 5--Constitution of Pakistan, 1973, Art. 199--Suit for recovery of maintenance & dowry article--Partly decreed--Challenge to--Appeals by both parties--Dismissed--Writ petition--Concurrent findings--Misreading and non-reading of evidence--Findings of fact returned by Courts below qua dowry articles could not be interfered with--Learned counsel for petitioner had failed to point out even a single circumstance, wherefrom it can remotely be ascertained that Courts below while passing impugned judgments and decrees committed misreading and non-reading of evidence or have acted either without jurisdiction or impugned judgments and decrees have been passed in violation of any law--Therefore, I find no illegality whatsoever in decrees passed by Courts below--There is no cavil with proposition that findings of fact arrived at upon a consideration of evidence of which such findings could be reasonably based, could not be interfered with in writ jurisdiction--It is settled principle of law that when Courts below have jurisdiction and lawful authority to decide a matter on merits, same are not open to interference by this Court in its constitutional jurisdiction unless miscarriage of justice was established--Once a matter had been adjudicated upon on facts by trial and appellate Courts, this Court in its constitutional jurisdiction could not exceed its powers by reevaluating facts or substituting appellate Courts’ opinion with its own--It had further been observed by Supreme Court of Pakistan that acceptance of finality of appellate Courts’ findings is essential for achieving closure in legal proceedings conclusively resolving disputes, preventing unnecessary litigation, and upholding legislature’s intent to provide a definitive resolution through existing appeal mechanisms--Petition dismissed.…