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MAQBOOL ALI vs Mst — 2025 SCMR 1275 SUPREME-COURT

Case information

Citation
2025 SCMR 1275 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
SCMR
Parties
MAQBOOL ALI vs Mst
Subject matter
Civil
Provisions referred to
S. 5---S

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

MAQBOOL ALI VS Mst. RAHEELA S. 5---Suit for recovery of dower---Concurrent findings of facts by two Courts below---Substituting findings of facts---Constitutional jurisdiction of High Court---Petitioner was father of respondent's deceased husband, who sought transfer of house in lieu of her dower amount---Suit was dismissed by Trial Court and Lower Appellate Court but High Court in exercise of Constitutional jurisdiction decreed the suit in favour of respondent---Validity---High Court had identified evidence that had not been read by two Courts below while dismissing suit of respondent---This might well have been enough reason for interference with concurrent findings of two Courts below but having done that, High Court could not have substituted its own findings for those of two Courts below by decreeing suit of respondent---High Court in exercise of its Constitutional jurisdiction could not arrogate to itself the powers of a Family Court and issue decrees---Supreme Court set aside judgment passed by High Court by which it had set aside concurrent judgments passed by Family Court and Lower Appellate Court---Supreme Court remanded the matter to Family Court for a decision afresh on the basis of material on record and observations made by High Court in its judgment---Appeal was allowed.

Other judgments reported in 2025 SCMR

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