Law:

Section:

(a) West Pakistan Family Court Act (XXXV of 1964)-------S. 5 & Sched.---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Suit for recovery of dowry articles- --Decree for payment of money in lieu of dowry articles passed by Family Court was upheld by Appellate Court---Validity---Defendant had not challenged list of articles annexed with plaint---Value of articles as stated by witnesses of plaintiff had not been challenged by defendant in cross-examination--­Defendant had not denied factum of car brought by plaintiff alongwith ornaments at the time of marriage---Plaintiff had alleged in plaint sale of car by defendant and misappropriation of its sale proceeds by him--­Defendant had not produced evidence in rebuttal to show that plaintiff herself had sold car ---In absence of such evidence, concurrent findings of fact of Courts below could not be interfered with in Constitutional jurisdiction of High Court------Defendant had not prayed in Constitutional petition for return of such articles---If defendant wanted to return such articles, there was nothing to prevent him---Courts below had taken note of every material evidence brought on record---High Court dismissed Constitutional petition in circumstances. Muhammad Akram v. Mst. Tasnim Akhtar 1987 CLC 106 and Major Milton Godwin Shamas v. Mst. Crenza Samuel NLR 1985 SCJ 128 rel. (b) Qanun-e-Shahadat (10 of 1984)----- ----Art. 133---Cross-examination---Where certain part of examination-in­-chief was not challenged, then same would be deemed to have been admitted as true by other party. (c) Constitution of Pakistan (1973)--- ----Art. 199---Finding of fact arrived at by Courts below---Interference by the High Court---Validity---High Court in exercise of Constitutional jurisdiction could not sit as a Court of appeal against such finding. JUDGMENT This judgment shall dispose of W.P. No.13322/2003 (Faisal Afzal Sheikh v The A.D.J. Lahore and others) and W.P. No. 13323/2003 (Faisal Afzal Sheikh v. The A.D.J. Lahore and others) as they have nexus. 2. Facts briefly stated are that in sequel to strained relations, respondent wife Mst. Ayesha Sheikh filed a suit for recovery of dowry articles or in…

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