Islamabad: Constitutional courts cannot review the facts of family cases, the Supreme Court has ruled.
Justice Ayesha Malik has written in a six-page judgment that only Parliament has the authority to grant or deny the right of appeal, if the right of second appeal is not available, the decision of the relevant forum will be final.
The judgment said that the High Court has no right to grant the second appeal to Silen, the purpose of not granting the right of second appeal to the High Court to review the facts in family cases is to resolve legal disputes quickly.
The Supreme Court judgment said that if the High Courts start examining facts in family cases, it would lead to a flood of cases, the courts cannot be empowered to unnecessarily abuse the legal process.
The judgment further stated that constitutional courts should refrain from interfering when the trial courts and appellate courts have determined the facts.
It should be noted that the Family Court of Kohat had given a decision in favor of the wife on the dispute between husband and wife and the District Court Kohat had upheld the decision of the Family Court. The Peshawar High Court annulled the decisions of the subordinate courts for not properly evaluating the facts.
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