Law:

Section:

West Pakistan Family Courts Act (XXXV of 1964)-------Ss. 12 & 14---Constitution of Pakistan (1973), Art. 199--­Constitutional jurisdiction of High Court---Scope---Matter related to recovery of dower, possession of house and recovery of maintenance allowance by the wife and suit for restoration of conjugal rights by the husband---Both Family Court and Appellate Court had given plausible reasons in support of conclusions arrived at by them and no case of misreading or non-reading of evidence had been made out---Concurrent findings of Courts below could not successfully be challenged in Constitutional jurisdiction unless Courts below were found to have exceeded, jurisdiction, acted without jurisdiction or findings were shown to have been based on no evidence---Constitutional petition also would not lie to challenge an order on ground that evidence in the case was not correctly appreciated because finding of facts recorded by Courts of competent jurisdiction could not be disturbed simply on ground that another view was possible on the same evidence---High Court in its Constitutional jurisdiction could not sit as a Court of Appeal and could not substitute findings of facts recorded by Courts below on such matters---Appraisal or evaluation of evidence usually was not made in Constitutional petition---Such exercise was essentially undertaken by Trial Court---High Court would not interfere with and decree passed by a Court of competent jurisdiction since it was within its exclusive jurisdiction to believe or not to believe evidence; and that Court had given reasons in support of conclusions arrived at by it--­Constitutional petition would not lie to challenge an order in appeal on ground that evidence in the case had not been properly appreciated---In absence of any flaw in concurrent findings of fact's recorded by Courts below, Constitutional petition 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. Muhammad Zahir Shah for Petitioner. Date of hearing: 14th April, 2003. JUDGMENT IJAZ-UL-HASSAN, J.--- Shortly narrated the facts, leading to the filing of instant writ petition…

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