Syed MAQBOOL AHMED vs BIBI MEMOONA Ss — 2025 CLC 1315 QUETTA-HIGH-COURT-BALOCHISTAN

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Syed MAQBOOL AHMED VS BIBI MEMOONA Ss. 5, Sched. & 14---Constitution of Pakistan, Art. 199---Constitutional petition, maintainability of---Constitutional jurisdiction of the High Court---Factual controversies---Constitutional petition against decision of the Appellate Court in family cases---Decision of Appellate Court cannot be challenged indirectly by filing of Constitutional petition while the legislature had specifically restricted the remedy against family court decision to only one right of appeal---Facts in brevity were that the respondent (wife) filed a suit for dissolution of marriage (Khula), recovery of dowry articles, gold ornaments, and past maintenance against the petitioner (husband) before the Family Court---Despite summons, the petitioner (husband) did not appear, and the suit was decreed ex-parte---Petitioner (husband) filed Constitutional petition challenging decisions of the Trial Court as well as of the Appellate Court---At the outset the petitioner (husband) was confronted with the question as to the maintainability of the Constitutional petition---Held: Provision of S. 14 of the Family Courts Act, 1964 reflected that judgment and decree of the family court could be challenged only once before the court of District Judge, as the same was the only appellate forum and no further right of appeal had been provided against the verdict of such Appellate Court---In the present case, neither the family court was presided over by a district judge or additional district judge nor any person notified by the Government to be of rank of District Judge or Additional District Judge, therefore, the appeal against a decision or decree of family court was competent before the District Court, which was conclusive and final---Section 14 of the Family Courts Act, 1964 did not in any manner, envisage any right to appeal against the decision of Appellate Court in the High Court indirectly by filing a Constitutional petition---Moreover, contentions pertained to factual controversies, which had already been discussed by the Trial Court as well as Appellate Court, being the fact-finding fora, therefore, High Court in exercise of Constitutional jurisdiction under Article 199 of the Constitution could not look into the factual controversy---Besides, the High Court was not vested with the jurisdiction to act as a court of appeal against the decisions of the Family Court in the absence of any specific statutory provisions conferring such a right of appeal in family cases.

Syed MAQBOOL AHMED vs BIBI MEMOONA Ss — 2025 CLC 1315 QUETTA-HIGH-COURT-BALOCHISTAN

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