Law: Family Courts Act, 1964

Section: 5, Schedule

Law: Limitation Act, 1908

Section: 120

Law: Constitution of Pakistan, 1973

Section: 2-A,199

Law: Muslim Family Laws Ordinance, 1961

Section: 9

(a) Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Muslim Family Laws Ordinance (VIII of 1961), S.9---Limitation Act (IX of 1908), Art. 120---Constitution of Pakistan, Arts. 2-A & 199---Suit for recovery of maintenance allowance of wife and daughter---Plaintiff/wife sought education, medical and expenditure of marriage of daughter and claimed maintenance for the last 30 years---Subsistence of marriage---Scope---Limitation, question of---Responsibility of husband towards wife and daughter---Injunctions of Islam---Scope---Petitioner/ husband contended that as wife had not been living in his house so Appellate Court had wrongly decreed past maintenance of wife for the last six years---Validity---Under Islamic law the husband was liable to maintain his wife and children from the very date when marriage was solemnized---Record proved that respondent/plaintiff was turned out of the house and subjected to cruel behaviour by petitioner/defendant so many times but she joined the marital life on the intervention of jirga and again due to his cruel behaviour she was ousted from his house and she started living at her parents' house for the last 30 years and was still there but the petitioner/husband had not divorced her and failed to maintain her and his daughter which was Zulm-e-Azeem to the Muslim who lived under the protection of law---High Court observed that under Art. 2-A of the Constitution, the Quran and Sunnah was the basic law of the land and S.9 of Muslim Family Laws Ordinance, 1961 was a special law which did not prescribe specific period of limitation for past maintenance---Payment of maintenance to the wife by her husband was governed by injunctions of Islam---Petitioner/husband had not,in the present case, paid any maintenance, educational expenses, marriage expenses for his daughter, and maintenance allowance to his wife to meet daily needs like food and clothes etc. which was his duty to bear according to the Injunction of Islam, so, the provisions of limitation prescribed under Art. 120 of Limitation Act, 1908 for recovery of past maintenance was not stricto sensu applicable---Husband was responsible for the maintenance of wife from the…

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