Law: Muslim Family Laws Ordinance, 1961

Section: 9

  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---Constitutional petition---Claim of dower amount and past maintenance---Entitlement---Proof---Amount of dower disputed by husband but preponderance of evidence being in favour of wife, amount of dower claimed by wife was found to be correct---Wife's evidence having gone unchallenged, Trial Court's finding on basis of same was unexceptionable, warranting no interference in such finding. 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---Constitutional petition---Wife's entitlement to past maintenance---Accumulative effect of S.5, West Pakistan Family Courts Act, 1964 alongwith Sched. and S.9, Muslim Family Laws Ordinance, 1961, would not put any restriction on power of Family Court in passing decree for past maintenance---Decree of past maintenance granted, by Family Court was, thus, not open to challenge. Muslim Family Laws Ordinance (VIII of 1961)--- ----S.9---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched.-- Criminal Procedure Code (V of 1898), 5.488---General Law, to yield in favour of Special Law---Section 9, Muslim Family Laws Ordinance, 1961 and S.5, West Pakistan Family Courts Act, 1964 and its Schedule are provisions of Special Law, while 5.488, Criminal   Procedure Code, 1898 is General Law-- General Law must yield in favour of Special Law. ---[Interpretation of statutes]. Syed Hamid Ali Shah v. Mst. Razia Sultana 1991 CLC 766, The Hedaya by Hamilton, Second Edn., p. 149; Muhammad Nawaz v. Mst. Khurshid Begum and others PLD 1972 SC 302; PLD 1966 Lah. 703; Syed Mudassar Altaf v. Deputy Commissioner/Collector, Lahore and others PLD 1993 Lah. 810; Muhammad Akhtar v. Mst. Shazia and others 1992 MLD 134 and PLD 1981 Lah. 761 ref. Interpretation of statutes--- ---- General Law to yield in favour of Special Law. Muslim Family Laws Ordinance (VIII of 1961)---- ----S.9---West Pakistan Family Courts Act (XXXV of 1964), S.5 and Sched. &…