Law:

Section:

(a) Muslim Family Laws Ordinance (VIII of 1961), S. 9­Past maintenance-Arbitration: council has authority to order payment of. On the language of section 9 of the Muslim Family Laws Ordinance, 1961, there is no prohibition for granting past maintenance. As opposed to this, under section 08 of the Criminal Procedure Code, the monthly allowance can be ordered to be paid only from the dace of the order or from the date of the application. The Legislature must have been conscious of the phraseology of section 4315, Cr. P. C. In spite of that it did not place zany restriction on the powers of the Arbitration Council to award maintenance. Under this provision of law, the Arbitration Council is competent to award maintenance for the past subject, of course, to the question of limitation. (b) Muslim Family Laws Ordinance (VIII of 1961), S. 9-­Arbitration Council passing in two sittings two separate orders for past maintenance relating to two different periods-No illegality in procedure adopted. Rafiq Ahead Bajwa, Advocate Supreme Court instructed by Majid Hussaln, Advocate-on-Record for Appellant. Ch. Ghularn Mujtaba, Advocate-on-Record for Respondent No. 1. Respondents Nos. 2----4 ; Ex parte Date of hearing : 21st June 1972. JUDGMENT WAUEEDUDDIN AHNIAD, J.-'This appeal by special leave is directed against the order of the former High Court of West Pakistan, Lahore, in Writ Petition No. 835 of 1969, dated the 15th December 1969. By this judgment, a Division Bench of the High Court dismissed the writ petition in limine. Respondent No. 1 was married to the appellant about 10 years ago. She moved an application to the Chairman, Union Council No. 3,9, Mari Shah Sakhira, Tehsil and District Jhang, that she was maltreated by the appellant and was turned out of the house. During the period of their stay together, they had two children from the marriage. She j prayed that as her husband was not keeping her with him he should be ordered to pay monthly maintenance allowance under the Muslim Family Laws Ordinance, 1961. The Chairman, Arbitra­tion Council, on the 7th December 1968, ordered the appellant to pay maintenance allowance at the rate of Rs. 60 per month to his wife from…

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