MURAD KHAN vs Mst — 2025 SCMR 739 SUPREME-COURT

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MURAD KHAN VS Mst. HUMAIRA QAYYUM S. 5, Sched.---Family dispute---Maintenance---Quantum---Judicial review---Substituting findings of facts---Respondent/ex-wife filed suit for recovery of maintenance and gold jewellery etc. against appellant/ex-husband---Family Court decreed the suit in favour of respondent/ex-wife to recover gold jewellery and fixed maintenance allowance at Rs.3000/- per month---Lower Appellate Court modified judgment and decree and did not find respondent/ex-wife entitled to recover gold jewellery---High Court in exercise of Constitutional jurisdiction enhanced quantum of maintenance allowance to Rs. 10,000/- per month and also found her entitled to recover gold jewellery---Validity---High Court referred to testimony of 14 witnesses in holding that respondent/ex-wife was kept in her parents' house without maintenance, and that this would entitle her to a higher quantum of maintenance than that granted to her by the Courts below---High Court was well within its rights to have partially set-aside judgment and decree of Lower Appellate Court but should have remanded the matter to Lower Appellate Court for a decision in the light of observations of High Court---Supreme Court set aside finding of High Court whereby it substituted its findings with those of Lower Appellate Court---Supreme Court maintained decision of High Court to issue a writ of certiorari with respect to judgment and decree passed by Lower Appellate Court and remanded the matter to Lower Appellate Court to decide the appeal (on the question whether respondent/ex-wife was entitled to recovery of 04 tolas of gold ornaments and a higher quantum of maintenance) in the light of observations made by High Court---Appeal was allowed.

MURAD KHAN vs Mst — 2025 SCMR 739 SUPREME-COURT

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