Case Details

Citation(s)
1992 SLD 741 = 1992 CLC 246
Lahore High Court
Writ Petition No.610 of 1990, heard on 25th September, 1991.
Presented By: Before Mian Allah Nawaz, J
Syed Murtaza Ali Zaidi for Petitioner. Akhtar Ali Niaz Qureshi for
Respondent No.4.

MANZOOR HUSSAIN --- Petitioner

VERSUS

DISTRICT COLLECTOR SAHIWAL and 3 others ---Respondent

Law: Muslim Family Laws Ordinance, 1961

Section: 9

Muslim Family Laws Ordinance (VIII of 1961)-- ----S.  9---Disputes  regarding  dower  and dowry---Jurisdiction of Arbitration Council---Neither Arbitration Council nor Revisional Authority has jurisdiction to adjudicate disputes regarding dower and dowry---Where husband had failed to maintain his wife adequately and there being more than one wives and he failed to maintain them equitably, any one of them had remedy by applying to Arbitration Council---Arbitration Council could determine such matter and issue a certificate specifying the amount which a husband would pay to his wife as maintenance---Arbitration Council, however, has no jurisdiction to decide questions relating to dower and dowry---Order passed by Arbitration Council as affirmed by Revisional Authority regarding amount of dower and dowry was set aside---Order of awarding maintenance to wife being within jurisdiction of Arbitration Council same U` was affirmed. Ghulam Sabir v. Chairman, Union Committee, Ward No.27, Samanabad, Lahore and 3 others PLD 1981 Lah. 232 rel. Syed Murtaza Ali Zaidi for Petitioner. Akhtar Ali Niaz Qureshi for Respondent No.4.   Dates of hearing: 25th September, 1991. JUDGMENT The validity/propriety of the order passed by the Chairman Arbitration Council Kabula dated 4-7-1988, and the order passed by the District Collector/Revisional Authority dated 31-3-1990, is called in question in this Constitution petition. The facts of the case are that the petitioner and respondent No.4 were married on 27-3-1981, The relations between the two became strained in the year 1987. The petitioner instituted a suit for restitution of conjugal rights in the Court of Family Judge, Vehari, who decreed the same on 15-12-1987. While respondent No.4 submitted an application for grant of maintenance before the Chairman, Union Council, Kabula (No. 110), Tehsil Arifwala on 4-2-1988. This application was allowed on 4-7-1988 in the following terms: Rs.500 p.m. from 4-2-1988 a condition No.15 of Nikahnama as maintenance allowance. Rs.12,000 (Mehar Moajal) Gold ornaments. Rs.25,000 (Mehar Mowabal) to be paid in case of IInd marriage. Rs.4,000 further to be paid by Manzoor Hussain…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register