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Mst. Mariam Butt vs Asad Ss — 2025 MLD 391 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 MLD 391 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
MLD
Parties
Mst. Mariam Butt vs Asad Ss
Subject matter
Civil
Provisions referred to
S. 14---C; S. 5---C; Family Courts Act; Limitation Act (IX of 1908)

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

Mst. Mariam Butt VS Asad Ss. 5, Sched. & 14---Constitution of Pakistan, Art. 199---Suit for dissolution of marriage, recovery of maintenance allowance and dowry articles---Concurrent findings of fact recorded by the Family Court and Appellate Court qua maintenance and dowry articles---Bar of second appeal---Reappraisal of evidence---Interference by the High Court in its constitutional jurisdiction---Scope---High Court could not go into the issue of maintenance and recovery of dowry articles being factual issues, which were decided by the Trial Court after leading evidence---In family matters under the Family Courts Act, 1964, only one right of appeal is provided and no further proceedings in the constitutional jurisdiction could take place unless exceptional circumstances exist, which were missing in the present case---Constitutional petition was dismissed, in circumstances. Citation Name: 2025 MLD 391 KARACHI-HIGH-COURT-SINDHBookmark this Case Mst. Mariam Butt VS Asad S. 14---Constitution of Pakistan, Art. 199---Limitation Act (IX of 1908), S.5---Constitutional petition---Maintainability---Time barred appeal---Plea of non-consideration of ground of medical issues---Validity---Appeal was dismissed being time barred---Appellate Court considered the explanation given by the petitioner for filing appeal after such a delay and after a careful analysis had come to the conclusion that despite medical evidence being provided there was no adequate reason why the appeal was not filed within time, but with a delay---Constitutional petition was dismissed, in circumstances.

Other judgments reported in 2025 MLD

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