Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)-------S. 5 & Sched---Constitution of Pakistan (1973),Art.199---Constitutional petition---Suit for maintenance---Suit of plaintiff for past maintenance was concurrently dismissed by two Courts below---Wife was entitled to claim maintenance for herself if she was forced to live apart from the husband on account of the acts of cruelty attributed to husband---Maintenance was neither in the nature of gift nor benefit, but an undeniable legal obligation of the husband to maintain his wife when she was not staying away from him without just cause---If a wife refused without any lawful justification to live with her husband, she was not entitled to any maintenance---Plausible reasons had been given by Courts below in support of the conclusions and no case of misreading or non­ reading of evidence had been made out---Evaluation of evidence usually was not made out in Constitutional petition, but such exercise was essentially undertaken by Trial Court---Object of taking away right of appeal under family matters was meaningful---If Constitutional jurisdiction would take place of appeal, then the intent and purpose of Legislature would be frustrated---Plaintiff wife had not been able to successfully demonstrate the existence of circumstances justifying interference of High Court in its Constitutional jurisdiction--­Constitutional petition by plaintiff having been found destitute of force, was dismissed. Khalil Ahmad v. Allah Rakhi and another 1994 MLD 119 and Muhammad Ibrahim v. Mst. Farzana and another PLD 1994 Kar. 255 ref. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 5 & Sched & 11---Constitution of Pakistan (1973), Art. 199--- Constitutional jurisdiction--- Scope--- Appreciation of evidence ---Jurisdiction of Family Court---Appraisal of evidence was the function of Family Court which had exclusive jurisdiction in the, matter---Finding of fact recorded by. Family Court could , not be interfered with in Constitutional jurisdiction of High Court where it was not shown to be based on misreading or non-reading of material evidence and reasons had been given in support of the conclusion arrived…

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