Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched. & S.14---Constitutional jurisdiction of High Court ---Scope--­Concurrent findings of Family Court and Appellate Court could not be successfully assailed in Constitutional jurisdiction of High Court unless said Courts had exceeded jurisdiction, acted without jurisdiction or findings were 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 findings of facts recorded by Courts of competent jurisdiction could not be disturbed simply on ground that another view could be 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 invested with jurisdiction to decide the matters---In absence of any misreading or non-reading of any material piece of evidence on record by Courts below, Constitutional petition filed against their was dismissed. Anwarul Haq Bari for Petitioner. Muhammad Sadiq Chughtai for Respondent No. 1. Date of hearing:r7th August, 2002. JUDGMENT Brief facts necessary for the disposal, of this Constitutional petition are that Gul Muhammad Tabassam (writ petitioner) filed an application under section 25 of the Guardians and Wards Act, against his ex-wife Mst. Gulshan Ara (respondent No. l) for seeking custody of their children Muhammad Azad Gul aged 5 years, Muhammad Akash Gul aged 3-1/2 years and Muhammad Hassan Gul aged 6 months. The said application was contested by his ex-wife. After framing relevant issues and recording evidence thereon the learned Guardian Judge (respondent No.3) dismissed the said application vide order dated 31-5-2000 (Annexure F). Petitioner's appeal against that order was also dismissed by respondent No.2, Additional District Judge, Multan vide (Annexure G). 2. In this Constitutional petition both the aforesaid decisions are called in question. 3. Learned counsel for the petitioner contested that both the aforesaid judgments are against law and facts for the…

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