Law: Muslim Family Laws Ordinance, 1961

Section: 9

  Muslim Family Laws Ordinance (VIII of 1961)--- ----S.9---Object and purpose of S. 9, Muslim Family Laws Ordinance 1961--Maintenance---Ex-wife's entitlement to recover maintenance from her ex-husband under provision of S.9, Muslim Family Laws Ordinance, 1961---Where dispute related to the period during which marriage was subsisting, husband was under obligation to have maintained the wife who could ask for recovery of maintenance for that period, notwithstanding dissolution of marriage---Once a liability on account of maintenance had accrued, same could be recovered in the manner provided in S.9, Muslim Family Laws Ordinance. Section 9 of the Muslim Family Laws Ordinance. 1961. is a beneficial piece of legislation and is to be construed, keeping in view the object for which it was enacted, which was to provide remedy to women for recovering maintenance from their husbands before a domestic forum which was free from all legal formalities. Mst. Naziran v. The Collector, Sialkot and 2 others 1990 S C M R 803 and Mushtaq Ahmad v. The Collector/Deputy Commissioner, Lahore District Lahore and 2, others 1986 C L C 2312 (2) ref. Muhammad Najeeb v. Mst. Talat Shahnaz 1989 S C M R 119; Muhammad Banaras v. Chairman, Union Council, Chak Malak Tehsil and District Chakwal etc 1991 M L D 112; Muhammad Abdur Rashid v. Mst. Shazia Parveen and others 1987 M L D 766 and Rashid Ahmad Khan v. Mst. Nasim Ara and others P L D 1968 Lah. 93 rel. Muslim Family Laws Ordinance (VIII of 1961)--- ----S.9---Constitution of Pakistan (1973), Art. 199---Grant of maintenance to ex wife regarding period when marriage was intact---Decision of Arbitration Council granting maintenance to ex-wife when wedlock was intact being legal and valid, no interference was called for, in constitutional jurisdiction.   Mushtaq Ahmad v. Collector/Deputy Commissioner, Lahore 1986 C L C 2312 rel. Muhammad Zahid Abbasi for Petitioner. S.M. Masud for Respondent No.4. Nemo for Respondents Nos.l to 3. Date of hearing: 7th May, 1991. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, arises out of a matrimonial dispute. Respondent No.4 Mst. Imtiaz Kausar…