Law: Constitution of Pakistan, 1973

Section: 199

Law: Family Courts Act, 1964

Section: 10(4),5,Sched.

(a) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---Findings of fact, recorded by a competent court in exercise of lawful jurisdiction could not be agitated by invoking of constitutional jurisdiction under Art.199 of the Constitution, unless the same suffered from perversity, causing serious miscarriage of justice. (b) Islamic Law--- --Maintenance---Divorced wife's right to maintenance during period of "iddat"---Concept of maintenance during "iddat" examined in light of Quranic verses---Obligation of husband to maintain wife during period of "Iddat"---Scope---Quranic meanings and concepts of "nafaqah", "mata", "wa matee o hanna" and "fa anfiqo"; examined. English Translation of Surah Al-Tallaq; Versus No.236 of Surah Al-Baqrah; Verse No.241 of Surah Al-Baqrah; Verse No.49 of Surah Al-Ahsab; Qamus-al-Quran al Wajuh An-Nazir; Imam Raghib Asgahani; Tartibul Qamus; Al-Qamus-ul Asri (Modern Dictionary from Arabic to English); Tfsir Kabir by Imam Razi and Lisan ul Arab rel. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----Ss. 10(4) & 5 Sched.---Dissolution of marriage---Concept of maintenance during "iddat" examined in the light of Quranic verses---Divorced wife's right to maintenance during period of "iddat"---Jurisdiction of Family Court---Obligations of husband---Scope---Ordains of Almighty Allah as revealed in the Holy Quran and as practised by the Holy Prophet) (PBUH) manifested the complete code of life to enable order lives in the individual and collective sphere in accordance with the teachings of Islam---Words "fa mate o hunna" meaning "to provide" and "fa anfiqo", meaning "to spend" used in the verses of the Holy Quran revealed the commands of Allah to a Muslim husband rendering him under an obligation to maintain his divorced wife during period of "iddat" as per Injunctions of Islam; which may be a one time provision or in shape of affordable instalments during period of "iddat"---Intent and spirit of commands of Allah was to provide for maintenance to a divorced wife during period of "iddat" for the simple reasons that as per Injunctions of Islam; a divorced woman could not remarry during the…

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