Law:

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West Pakistan Muslim Family Laws Ordinance (XXXV of 1964)----S.5--Constitution of Pak1stan (1973), Arts.185(3) & 199--Leave to appeal granted to consider whether past maintenance could not be granted and whether High Court exceeded its powers under Art.199 by granting past maintenance. Mst. Ghulam Fatima v. Sheikh Muhammad Bashir PLD 1958 (W.P.) Lah. 596; Hedaya; Hamilton's Second Edn. p. 149; Baillie's Muslim Law, Third Impression, 1957, p. 460 and Muhammad Nawaz v. Mst. Khurshid Begum and 3- others PLD 1972 SC 302 ref. ORDER NAIMUDDIN, J: -Mst. Razia Begum filed a suit against the petitioner claiming maintenance for herself and for three minor children from September 1982 onwards. After contest, the suit was dismissed by the Judge, Family Court, Jhelum, by judgment, dated 15-3-1988. However, on appeal, the Additional D1strict Judge, Jhelum reversed the decree passed by the trial Court and allowed maintenance to the minor children from the date of the institution of the suit onwards. Still aggrieved, the respondents filed a constitutional petition and prayed for an order for grant of past maintenance from September, 1982. The learned Judge in Chamber allowed the petition and awarded maintenance w.e.f. 3-9-1982. The petitioner has questioned this judgment in this petition for leave to appeal. 2. Learned counsel for the petitioner mainly relies on a judgment of the Lahore High Court in the case of Mst. Ghulam Fatima v. Sheikh Muhammad Bashir PLD 1958 (W.P.) Lah. 596 in support of his submission that past maintenance could not be granted, wherein relying on the Hedaya (Hamilton's A Second Edition, page 149),…

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