Case Details

Citation(s)
1991 SLD 1682 = 1991 CLC 1356
Lahore High Court
Writ Petition No.7375 of 1989, heard on 29th April, 1991.
Presented By: Before Malik Muhammad Qayyum, J
Syed Sirat Hussain Naqvi for Petitioner. Nemo for
Respondents Nos. 1 and 2. Miss Hina Jillani for
Respondent No.3.

MU14AMMAD JAVED AKHTAR --- Petitioner

VERSUS

COLLECTOR and others---Respondents

Law: Muslim Family Laws Ordinance, 1961

Section: 9

Muslim Family laws Ordinance (VIII of 1961)--- ---- S.9 --- West Pakistan Rules under Muslim Family Laws Ordinance, 1961, R.16 ---Constitution of Pakistan (1973), Art. 199 --- Limitation for filing revision against order of maintenance passed by Arbitration Council being thirty days, revision filed beyond period of one month would be barred by time --- Petitioner had been appearing be fore Arbitration Council, on certain dates but subsequently absented himself --- No justification was pointed out for not challenging order of Arbitration Council within time --- Petitioner having failed to avail of statutory remedy within time and his revision having been dismissed as barred by time, he could not challenge order of Arbitration Council on merits before High Court in Constitutional jurisdiction ---Petition was dismissed in circumstances. Mumtaz Khan v. Chief Settlement and Rehabilitation Commissioner and Mst. Khurshid Regum P L D 1966 SC 276 rel. Syed Sirat Hussain Naqvi for Petitioner. Nemo for Respondents Nos. 1 and 2. Miss Hina Jillani for Respondent No.3. Date of hearing: 29th April, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 arises out of an application under Section 9 of the Muslim Family Laws Ordinance, 1961 riled by Mst. Bushra Rafique respondent No.3 against Muhammad Javed petitioner claiming maintenance from him at the rate of Rs.3,000 per month, which was accepted by respondent No.2 on 8-4-1988. The petitioner riled a revision against this order of the Arbitration Council which was however, dismissed by the Collector, Lahore as being barred by time on 30-10-1989. Syed Seerat Hussain Naqvi, the learned Counsel for the petitioner has contended that the grant of maintenance at the rate of Rs.3,000 per month was excessive and   exorbitant as there was no evidence before the Arbitration Council…
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