Restitution of Conjugal Rights 2006 PLD 99 Case Laws, Section 5, Sched. & S.14—Constitution of Pakistan (1973), Art.199—Constitutional petition—Scope—Suits for restitution of conjugal rights, dissolution of marriage, recovery of dower amount, dowry and maintenance—Family Court dismissed suit of petitioner/husband for restitution of conjugal rights and partially decreed suit of respondent/wife qua dissolution of marriage, recovery of dower amount and dowry articles , etc.—Appeal filed by petitioner-husband against judgment and decree of Family Court, having been dismissed; petitioner husband had filed constitutional petition—Validity—Respondent-wife had produced sufficient evidence in support of her claim and nothing was brought on file in rebuttal—Specific assertion made by witness, material to the controversy of the case, having not been challenged in cross-examination by putting contrary suggestions, was to be given full credit and accepted as true unless displaced by reliable, cogent and clear evidence—High Court, in exercise of its constitutional jurisdiction, could not interfere with the findings of fact, unless it was shown that such findings by the lower Court suffered from misreading/non-reading, affecting findings on merit—Decisions of forum constituted under Special Law, were normally not interfered with in exercise of constitutional jurisdiction unless same was illegal, void and without jurisdiction—Courts below; in the present case having properly appreciated evidence available on record, concurrent findings of Courts below not suffering from any illegality, could not be interfered with in constitutional jurisdiction of High Court.
Restitution of Conjugal Rights 2006 PLD 99 Case Laws
