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AHMED BAKHSH versus JUDGE FAMILY COURT


Article 5 and the Schedule to the Constitution of Pakistan (1973), Article 199 Family Court's interference with its constitutional, jurisdictional jurisdiction under the jurisdiction of the Family Court can only be used when the lower court finds its own Exceeded jurisdiction or acted without jurisdiction. The court has jurisdiction, the finding of fact recorded by such court cannot be disturbed merely on the basis that a second opinion on the same evidence is possible unless such finding is based on any evidence or extraordinary. In the jurisdiction the High Court neither substitutes the facts. Recorded by the Family Court and cannot give its opinion on the quality or consistency of the evidence. It is the duty of the Family Court to evaluate and examine the evidence, with special jurisdiction in this regard.

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