ORDER SHEET
IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR
C. P No. S- 824 of 2018
Date Order
with signature of Hon’ble Judge
Hearing of
case
1.
For orders on office objection
at flag ‘A’
2. For hearing
of main case
3. For orders
on CMA No.10211/2018
22.04.2019
Mr. Niaz Hussain Maitlo Advocate for the
petitioner
Mr. Fida Hussain Sahito Advocate for
private respondent
Mr. Noor
Hassan Malik, AAG Sindh
.-.-.-.-.-.-.-.-.-.-
The facts necessary for
disposal of instant Constitution petition are that the private respondent filed
a suit for Recovery of Dowry Articles and Maintenance against the
respondent/defendant, it was decreed by learned Family Court Khairpur to the following effect;
“Suit of the plaintiff is decree with no
order as to costs, defendant is directed to return the dowry articles or to pay
an alternate value at the rate of Rs.200,000/-.
Maintenance of minor is allowed Rs.4000/- per month with increase of 10% per
year from filing of suit till legal entitlement. Delivery expenses is allowed
Rs.10000/-“
2. The petitioner being
aggrieved of above decree impugned the same by way of filing an appeal it was
dismissed by learned Appellate Court, with the following observation;
“I am of the opinion that the judgment and
decree passed by learned trial Court to the extent of delivery expenses is
modified. The appellant/defendant is liable to Rs.15,000/-
in respect of delivery expenses to the respondent/plaintiff with the decree for
the remaining relief awarded by learned trial Court is maintained. The appeals
preferred by both the parties are accordingly disposed of with no order as to
costs”
3. The petitioner being
aggrieved of the decree passed in appeal has impugned the same before this
Court.
4. It is contended by learned
counsel for the petitioner that the judgments passed by learned trial and
appellate Courts are based on misappraisal of evidence as such those are liable
to be set-aside.
5. Learned counsel for the
private respondent and learned AAG have sought for dismissal of the instant
Constitutional petition by supporting the judgments passed by learned trial and
Appellate Courts.
6. I have considered the above
arguments and perused the record.
7. There is no denial to the
fact that the petitioner and the respondent had been in wedlock and they have
been blessed with a kid. The delivery of the dower articles to the respondent
have been admitted by the petitioner impliedly. No miscarriage illegality in
judgments of learned trial and appellate court are pointed out. No miscarriage
of justice is evident. In that situation, the judgments and decree(s) passed by
learned trial and appellate Courts could not be interfered with by this Court
in exercise of its Constitutional jurisdiction under the pretext that learned
trial and appellate Courts have mis-appraised the
evidence brought on their file by the parties.
8. Consequent upon the above
discussion, the instant Constitutional petition fails and it is dismissed
accordingly with no order as to costs.
Judge
ARBROHI