Law: Muslim Family Laws Ordinance, 1961

Section: 7

  Muslim Family Laws Ordinance (VIII of 1961)-- ---S.7---Talaq---Period of iddat in absence of resumption of marital ties---When notice of Talaq was served on behalf of husband to the Chairman concerned, and there was no resumption of marital ties within the period of ninety days, the period of iddat would be deemed to have coincided with the said ninety days. Syed Ali Nawaz Gardzi v. Lt. Col. Muhammad Yousaf PLD 1963 SC 51 and Muhommedan Law by Syed Ameer Ali Vol. 2, 7th Edition, published by the Law Publishing Company, Katchery Road, Lahore Page 459 ref. Dr. Abdul Majid v. Mst. Humaira Bibi and 2 others 1989 S C M R 1416 rel. Muhammadan Law-- ---Divorce---Maintenance---Wife would be entitled to maintenance till the end of iddat period which in the absence of resumption of marital tie within the period of ninety days, when notice of Talaq was served on Chairman, would be deemed to have coincided with the said ninety days. Dr. Abdul Majid v. Mst. Humaira Bibi and 2 others 1989 SCMR 1416 rel. Muslim Family Laws Ordinance (VIII of 1961)-- ---S. 7---Constitution of Pakistan (1973), Art. 199---Wife's suit for maintenance was decreed till the end of iddat period which was deemed to have expired on the expiry of ninety days of service of notice; upon the Chairman concerned-- Appellate Court extended the period of iddat as also the period of maintenance for a further period of ninety days i.e., three months after Talaq became effective---There being no resumption of marital tic between husband and wife within the period of ninety days, Appellate Court's order granting maintenance for a further period of three months after Talaq became effective, was not legally correct---Appellate Court's order was modified accordingly. Saghir Ahmad Qadri for Petitioner. Abdul Aziz Bhatti for Respondent No.1. Date of hearing: 25th June, 1989. JUDGMENT   Mst. Shahnaz Begum respondent claiming to be the wife of Ehsan-ul -Haq petitioner filed a maintenance petition in the Family Court at Gujar Khan. Maintenance was claimed at the rate of Rs.300 per month. The petition was contested. After recording evidence the learned Judge Family Court allowed the same vide order…