Law:

Section:

(a) Muslim Family Laws Ordinance (VIII of 1961)--- ----S.9---Awarding of maintenance to wife during pronouncement of Talaq, before it had become effective---When application for grant of maintenance had been filed by wife, Talaq pronounced by husband had not become effective---Wife was, thus, entitled to approach Arbitration Council, for recovery of maintenance---Even ex-wife could maintain a petition under S.9, Muslim Family Laws Ordinance 1961. Muhammad Najeeb v. Mst. Talat Shahnaz and others 1989 SCMR 119 rel. (b) Muslim Family Laws Ordinance (VIII of 1961)---- ----S. 9---Constitution of Pakistan (1973), Art.199---Collector reducing rate of maintenance but not specifying period for which maintenance was to be paid---Validity---Except for reduction of rate in maintenance, Collector had maintained the order of Arbitration Council which clearly specified the period for which maintenance was to be paid---Collector was thus, not bound to mention the period in his order---Collector's order was maintained in circumstances. ORDER Mst. Shama Firdaus respondent No.3 was married to Nazir Ahmad petitioner in the year 1988 but this marriage was dissolved by pronouncing Talaq, notice whereof was sent by the petitioner to the Chairman concerned. Before this divorce could be become effective the respondent No.3 filed an application under section 9(1) of the Muslim Family Laws Ordinance, 1961 for recovery of maintenance for the last one year and seven months till the date when the Talaq became effective. The Arbitration Council vide its order dated 13th of March, 1990 directed the petitioner to pay maintenance for the period of 18 months at the rate of Rs.900 per month. This order of the Arbitration Council was unsuccessfully challenged by the petitioner before the District Collector, Sialkot who dismissed his petition for revision on 24th of March,l991, with the modification that he reduced the rate of maintenance from Rs.900 to Rs.500…

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