Law: Muslim Family Laws Ordinance, 1961

Section: 9 , 5

Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 9---West Pakistan Family Courts Act (XXXV of 1964), S. 5 & Sched-- Constitution of Pakistan (1973), Art. 199.---Maintenance allowance granted to wife for a period of three years by Arbitration Council reversed by Collector to the period of "Iddat"---Collector had based his finding on the judgment of Family Court whereby children of spouses were granted maintenance allowance from specified date and no past maintenance was allowed to them-- Validity---Provisions of S. 9, Muslim Family Laws Ordinance 1961, provides maintenance to wife only, on entirely different grounds while Family Court is guided by the law laid down in West Pakistan Family Courts Act, 1964, where wife or the children can invoke their right of maintenance allowance which could not exceed period of six months retrospectively---District Collector had thus, erroneously based his judgment on the basis of decree of Family Court which was granted for maintenance of children of spouses---Judgment passed by District Collector was also devoid of all considerations that husband was bound to maintain his wife who had not demanded divorce and was mother of two children---Order passed by- District Collector was completely devoid of reasons and application of mind to the facts, law and circumstances relevant to the case of wife---Order of Collector whereby he had reduced period of maintenance to wife was set aside and that of Arbitration Council which was completely legal and based upon true appraisal of evidence, was restored.   Shahid Salim for Petitioner. Respondent: Ex parte. Date of hearing: 13th September, 1994. JUDGMENT This petition was admitted for regular hearing by my learned brother Ihsanul-Haq Chaudhry, J. on 22-1-1994. The petition was fixed for hearing on 25-4-1994. On that date no one appeared for respondent No.2 despite service was affected upon him. So, he was proceeded ex parte by the same Bench. The learned counsel for the petitioner submits that this writ petition is being invoked against the order passed by the District Collector, Gujrat dated 2-3-1993 by which he reversed the finding of the Chairman, Arbitration…