Law:

Section:

(a) Islamic Law-------Maintenance allowance---Nature---Wife is entitled to claim maintenance for herself if she is forced to live apart from the husband on account of the acts of cruelty attributed to the husband---Maintenance is neither a nature of a gift or a benefit but is an undeniable legal obligation of the husband to maintain his wife who is not staying away from him without just cause. (b) Islamic Law--- ----Marriage---Islamic Law ordains that in order to constitute a valid marriage there should always be a consideration made by the husband in favour of wife---Marriage being a settlement, consideration was a precondition of a valid marriage. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched., Items. 1, 2, 3---Constitution of Pakistan (1973), Art. 199-- Constitutional jurisdiction of High Court---Scope---Dissolution of marriage, recovery of dower and maintenance allowance---Valid and cogent reasons had been given for dissolution of marriage, recovery of dower and maintenance allowance---Petitioner had not been able to make out a case of misreading or non-reading of material evidence---Object of taking away right of appeal under family matters specially against dissolution of marriage was meaningful---If the Constitutional jurisdiction of High Court would take place of appeal, then the intent and purpose of Legislature would be frustrated---Finding of fact recorded by the competent lower Court would not be open to interference by the High Court in exercise of its Constitutional jurisdiction under Art.199 of the Constitution unless the same was mala fide, arbitrary, perverse or the Court had acted in excess of its jurisdiction. Muhammad Tariq Afridi for Petitioner. Date of hearing: 4th April, 2003. JUDGMENT IJAZ-UL-HASSAN, J.--Zafar Iqbal petitioner by way of filing instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 prays that the judgments and decrees of the Courts below i.e. Judge Family Court and Additional District Judge, Peshawar, dated 28-9-2001 and 11-12-2002 respectively, be declared illegal, without jurisdiction and without lawful authority and suit of the plaintiff be…

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