Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---New point---Point not raised in the proceedings at lower forums could not be allowed to be raised for the first time in Constitutional jurisdiction. (b) West Pakistan Family Courts Act .(XXXV of 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art. 199--­Constitutional petition---Suit for maintenance of wife and sons---Decree passed by Family Court was affirmed by Appellate Court ---Validity--­Both the Courts below after considering evidence on record had concurrently found that petitioner was liable to make payment to both his children, who were still minors and also to make payment of six months to his divorced wife---Finding of fact could' not be interfered with in Constitutional jurisdiction unless shown to be unwarranted or based on misreading of evidence---Impugned s were based on cogent reasons and evidence on record---No illegality or misreading or non-­reading of evidence was pointed out by petitioner---Constitutional petition was dismissed in circumstances. PLD 1989 Lah. 69; PLD 1993 Lah. 549; Shagufta Bani v. Musarrat Hanif and others 1982 CLC 1821; Naeem Gul's case 1989 ALD 93; Mst. Kausar Parveen v. Ghulam Rasool PLD 1981 Lah. 511, Muhammad Tufail v. Additional District Judge 1985 MLD 1275 (c) West Pakistan Family Courts Act (XXXV off 1964)--- ----S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Islamic, Law---Constitutional petition---Suit for maintenance of sons---Decree passed by Family Court was affirmed by Appellate Court---Contention was that under Islamic Law, age of puberty was the age of majority, but Courts below had not fixed the date uptil which petitioner (father) had to make payment to his minor sons---Validity---Petitioner had raised such ground neither in written statement nor in appeal nor any issue was framed in this respect---Petitioner had moved number of applications, but not a single application had been moved in this regard---Such ground was taken for the first time in Constitutional jurisdiction, which could not be allowed. ORDER Through this Constitutional petition the petitioner seeks setting aside of judgments and…

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