MUHAMMAD SHAMIM ALI vs Mst — 2024 SCMR 1642 SUPREME-COURT

Case information

Citation: 2024 SCMR 1642 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: MUHAMMAD SHAMIM ALI vs Mst
Subject matter: Family
Provisions referred to: S. 5---C; Family Courts Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD SHAMIM ALI VS Mst. ASMA BEGUM S. 5---Constitution of Pakistan, Art. 199---Family dispute---Judgment/order passed by Family Court--- Interference by High Court in its Constitutional jurisdiction---Since the legislature has conferred exclusive jurisdiction upon the Family Courts, by virtue of section 5 of the Family Courts Act, 1964 to expedite family cases and tried to cordon off family litigation to the extent of a single family appeal, it would not reflect well on a Constitutional Court to interfere with the exclusive jurisdiction of the Family Courts under the writ jurisdiction as provided under Article 199 of the Constitution, unless the jurisdiction exercised by the Family Court is contrary to law and/or findings reached in exercise of said jurisdiction are perverse and without proper appreciation of evidence in that non-interference would lead to a grave miscarriage of justice or for that matter injustice.

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