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The High Court lacks Jurisdiction to Act as an Appellate Court in Family Law Cases --- Supreme Court of Pakistan

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The High Court lacks Jurisdiction to Act as an Appellate Court in Family Law Cases --- Supreme Court of Pakistan

Islamabad 08-08-2024: In a significant ruling, the Supreme Court of Pakistan has dismissed a petition challenging the decisions of Lower Courts in a family law case, reinforcing the limitations on the High Court's jurisdiction in such matters. The case [CPLA 473-K of 2024], involved the petitioner, who sought to overturn an order from the High Court of Sindh, Karachi, related to the dissolution of his marriage and related issues.

The petitioner married respondent on December 27, 2019. Due to marital discord, the respondent filed a suit (Suit No.726/2022) for dissolution of marriage, maintenance, and recovery of dowry articles and gold ornaments. The XIIth Family Judge, Karachi, decreed in her favor on April 10, 2023. Ahmed's subsequent appeal (Family Appeal No.65 of 2023) was dismissed by the Additional District Judge-IV, Karachi Central, on March 9, 2024. A constitutional petition filed by Ahmed in the High Court was also dismissed, leading to the current petition in the Supreme Court.

The Supreme Court bench, comprising Mr. Justice Syed Hasan Azhar Rizvi and Mr. Justice Aqeel Ahmed Abbasi, emphasized that the High Court lacks jurisdiction to act as an Appellate Court in family law cases, as outlined in Article 199 of the Constitution of Pakistan, 1973. The Court noted that factual controversies have been adequately addressed by the trial and Appellate Courts, and the High Court correctly refrained from intervening.

The Court highlighted Section 14 of the Family Courts Act, 1964, which limits appeals in family law cases to one appeal before the District Court. The statute does not provide for further appeals to the High Court, underscoring the legislative intent to bring family litigation to a definitive conclusion.

The Supreme Court found no merit in the petition, stating that the High Court’s order was well-reasoned and addressed all legal and factual aspects of the case. The petition was dismissed, and leave to appeal was refused, reinforcing the finality of Appellate Court decisions in family law matters and underscoring the limited scope of High Court intervention.

This ruling is a significant affirmation of the boundaries of judicial review in family law cases, ensuring that family disputes are resolved efficiently and conclusively, in line with legislative intent.