Law: Muslim Family Laws Ordinance, 1961

Section: 9

Law: Family Courts Act, 1964

Section: 5,21

Law: Limitation Act, 1908

Section: 29

(a) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 9---Family Courts Act (XXXV of 1964), Ss. 5 & 21---Maintenance---Provisions of Muslim Family Laws Ordinance, 1961, not affected---Jurisdiction of Chairman, Arbitration Council---Scope---Chairman, Arbitration Council while issuing a Certificate of Talaq fixed the maintenance allowance of the wife with arrears for the last three years---Petitioner assailed the order on the ground that the Family Court previously denied similar relief to the wife, therefore she was estopped from claiming the maintenance allowance---Validity---Section 9 of the Muslim Family Laws Ordinance, 1961, granted wife the right to seek maintenance for the future as well as the past---Combined reading of Ss. 5 & 21 of the Family Courts Act, 1964, revealed that there was no obstacle preventing the wife from applying under S. 9 of the Muslim Family Laws Ordinance, 1961, in addition to availing any other legal remedy available to her---When a party has more than one forum for redressal of its grievance and if it opts for one of them then it cannot be allowed to switch over to the rest of the remedies---In this particular case, if the proceedings before two forums were not maintainable, the suit before the Family Court, being filed later, could be challenged, but not the proceedings before the Arbitration Council---Constitutional petition was dismissed. (b) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 9---Maintenance---Scope---Section 9(1) of the Ordinance, 1961, postulates that Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband---From the word 'maintenance' it cannot be gathered that it relates to past or future rather in a wide sense it covers all kinds of maintenance payable to the wife either during subsistence of her marriage or for Iddat period, as the case may be---Section 9(1) of the Ordinance, 1961 in no way curtails the power of Arbitration Council to grant past maintenance to the wife---Husband's obligation to maintain his wife commences simultaneously with the creation of marital bond and being an obligation and not an ex gratia grant it is…

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