Law: Family Courts Act, 1964

Section: 5

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) West Pakistan Family Courts Act (XXXV of 1964)---S. 5---Constitution of Pakistan (1973), Art.185(3)---Recovery of maintenance---Concurrent findings of fact by the Courts below---Jurisdiction of Supreme Court---Scope---Suit filed by wife and minor children was decreed in their favour and appeal filed by husband was partly allowed by Lower Appellate Court and monthly maintenance allowance of minors was reduced---High Court in exercise of constitutional jurisdiction declined to interfere in and decree passed by Lower Appellate Court---Validity---Petition under Art.199 of the Constitution was not maintainable against concurrent findings of Tribunals below---Both the Courts below had given findings of fact against husband, therefore, High Court was justified to dismiss constitutional petition and the same was in accordance with law laid down by Supreme Court---Normally Supreme Court did not meddle with findings of fact reached at by primary Courts or High Court when it was satisfied that findings of Courts below were reasonable and were not arrived at by disregarding any of the provisions of law or any accepted principle concerning appreciation of evidence, notwithstanding that a different view might also was possible---High Court, while exercising constitutional jurisdiction had rightly refused to interfere with findings of fact recorded by Courts of competent jurisdiction---Supreme Court did not find any infirmity or illegality or any misreading of evidence on record by the Courts below---Leave to appeal was refused. Khuda Bakhsh v. Muhammad Sharif and another SCMR 1974 SC 279; Muhammad Sharif and another v. Muhammad Afzal Sohail and others PLD 1981 SC 246; Begum Wazir Ahmad Industrial Home's case PLD 1976 SC 214; Tayyab Khan's case 2000 CLC 558 and Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236 ref. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Civil petition for leave to appeal---Supreme Court, jurisdiction of----Scope---Concurrent findings of fact by the Courts below---Principle---Supreme Court does not normally go behind concurrent findings of fact recorded by Courts below, unless it can be shown…

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