The Constitution of Pakistan, 1973 Developed by Zain Sheikh

Per M.L. Shahani, J.

(a) Constitution of Pakistan, 1973 Article 199

Writ jurisdiction can only be exercised once the Court comes to the conclusion that the lower Tribunal has exceed its jurisdiction, travelled beyond its jurisdiction, or acted without jurisdiction. If the Court possesses jurisdiction (which in this case it does possess) the findings of the fact recorded by the Tribunal may not be disturbed simply on the grounds that another view is possible on the same evidence. Unless this Court comes to the conclusion that the findings of the Tribunal are based on no evidence, or such findings are fanciful or arbitrary or based on fantasy, in such eventuality, such findings can be disturbed because they will be no findings in law, the Constitutional jurisdiction may not available. Such is not the case here. The Family Court examined and assessed the evidence. The findings are based on evidence as such I decline to exercise the constitutional jurisdiction. [p. 1976]D

(b) Constitution of Pakistan, 1973 Articles 35 & 199

The writ jurisdiction in matrimonial matter would be exercised in only rare circumstances. Such matrimonial involve delicate human relations. They are emotional issues as well. These relations should nto be judged on legal factors alone. The Court should keep in mind the entire fabric of society while deciding the human issues involved in matrimonial matters, and the conclusions of the Courts should benefit the society as whole. In other words in such, matters the concept of social justice rather than legal justice be advanced. Such is also the obligation of State under the Principles of Policy of the Constitution which charges the executive to advance social justice and eradicate evil, and protect weaker section of the society. One such Article 35 provides as follows:–

“35. Protection of family, etc. The State shall protect the marriage, the family, the mother and the child.”

The Courts may not enforce principles of policy but can lay broader contours for dispensation of justice.
After hearing the parties in Court, I dismissed this petition with costs by short order. These are the reasons for passing such order. [p. 1976]E