Law: Muslim Family Laws Ordinance, 1961

Section: 9

  Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 9---Maintenance to wife---Certificate of maintenance issued by Arbitration Council was not signed by the representatives of parties who instead had given affidavits in support of wife's claim for maintenance---Validity---Chairman had asked the parties to nominate their representatives on the Arbitration Council which they did and claim for maintenance was not only allowed by the Council but also in support thereof, representatives of parties gave affidavits which was more than just signing the certificate---Decision as to certificate for maintenance was supported by the representatives of parties by filing affidavits-- Decision of Arbitration Council in granting maintenance to wife was thus, valid. Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 9---Grant of maintenance---Jurisdiction---Extent---Provisions of S.9, Muslim Family Laws Ordinance, 1961, provide maintenance to wife alone-- Children could not be granted maintenance under S.9---Where maintenance was provided to wife and minor children by Arbitration Council, such maintenance to the extent provided to children being beyond jurisdiction of Arbitration Council was set aside. Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 9---Constitution of Pakistan (1973), Art. 199---Arbitration Council granting maintenance to wife and children---Maintenance granted to the extent of wife was deemed to be within jurisdiction while maintenance in favour of children was without jurisdiction and same was declared to have been granted without lawful authority and of no legal effect. Ch. Parvez Akhtar for Petitioner. Syed Aftab Shirazi for Respondent No.l. Date of hearing: 29th June, 1991. JUDGMENT   Mst. Farida Bano respondent-decree-holder filed a maintenance petition against her husband Allah Rakha petitioner judgment-debtor with the Chairman who constituted an Arbitration Council under the Muslim Family Laws Ordinance, 1961. The Arbitration Council issued a certificate of maintenance for Mst. Farida Bano as well as their two minor children. The rate of maintenance was fixed at Rs,2,000 per month. Past maintenance from 1-1-1989 to 30-4-1990…