Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)----------S. 5---Constitution of Pakistan (1973), Arts. 199 & 185 (3)---Constitutional jurisdiction of High Court---Scope---Award of maintenance for minor children by Family Court---Reduction of amount of maintenance by High Court under its Constitutional jurisdiction---Validity---Leave to appeal was granted by Supreme Court to examine the question as to whether of High Court was delivered in consonance with law. (b) West Pakistan Family Courts Act (XXXV of 1964)--S. 5---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction of High Court---Scope---Award of maintenance for minor children by Family Court---Assessment of evidence or to determine the amount of maintenance, was the function of the Family Court which was vested with exclusive jurisdiction to decide such matters---Neither there appeared to be any misreading of evidence nor any material piece of evidence appeared to have been overlooked by the Family Court while determining the amount of maintenance awarded to the minor children---High Court in its Constitutional jurisdiction, reduced the amount of maintenance of each child from Rs.300 to Rs.200---Validity---When High Court exercises Constitutional jurisdiction, its powers were not analogous to those of an Appellate Court---High Court, although, could strike down an order passed by a Subordinate Court or a Tribunal as without lawful authority and of no legal effect but it could not substitute its own for that of the Subordinate Court or Tribunal---High Court reduced the maintenance amount for each child mainly for the reason that father of children had also to maintain four children from his second marriage, whereas Family Court had already taken notice of the same by allowing the father to retain half of his monthly income--­Balance having already been struck by the Family Court while allowing maintenance to the children, no infirmity could be found either in the of Family Court or that of the Appellate Court justifying interference by the High Court in the exercise of Constitutional jurisdiction. (c) Constitution of Pakistan (1973)----- ----Art. 199---Constitutional jurisdiction…

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