Law: Muslim Family Laws Ordinance, 1961

Section: 9

Muslim Family Laws Ordinance (VIII of 1961)... ---- S.9 --- Constitution of Pakistan (1973), Art.199 --- Maintenance --- Constitutional jurisdiction, exercise of --- During course of hearing, parties agreed to refer dispute regarding maintenance to referee --- Referee agreed to be appointed by parties, after hearing parties and after taking into consideration entire facts, fixed the amount of maintenance to be paid by petitioner to respondent children and submitted his report to Family Court --- Court acting on statement and report of referee, decreed the suit accordingly and judgment and decree of Family Court was upheld by Appellate Court below"---Conclusion of referee arrived at after consideration of entire facts and after hearing parties and concurred by Courts below, could not be interfered with in Constitutional jurisdiction of High Court. Muhammad Saleem Akhtar for Petitioner. Muhammad Ahmad Bani for Respondents Nos.2 to 5. ORDER The petitioner is the father of respondents 2 to 5 while respondent No.1 is his wife. A suit for recovery of maintenance was filed by respondents Nos.2 to 5 through their mother Mst. Anwaran Bibi against the petitioner. It appears that during the course of the hearing, the parties agreed to refer dispute regarding maintenance to Rana Muhammad Afzal Khan, Manager, Agricultural Development Bank, Jaranwala. On IIth October, 1989 he appeared before the Family Court and presented his report according to which the petitioner was liable to pay maintenance at the rate of Rs.300 per month for each of the children. The Family Court acting on the statement and report of Rana Muhammad Afzal Khan Manager, Agricultural Development Bank proceeded to decree the suit for maintenance directing the petitioner to pay Rs.1,200 for the four minors from the date of filing of the suit. This decree of the Family Court was assailed by the petitioner by filing an appeal which was however, dismissed on 6th March, 1990. Hence this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. Rana Muhammad Saleem Akhtar Advocate for the petitioner firstly contended that petitioner…