Law: Constitution of Pakistan, 1973

Section: 199

Law: Muslim Family Laws Ordinance, 1961

Section: 9

Muslim Family Law Ordinance (XIII of 1961),. ----S. 9---Constitution of Pakistan (1973), Art. 199---Arbitration Council Jurisdiction---Extent---Wife's claim of dower amount, dowry amount and for miscellaneous articles, decreed by the Arbitration Council--..Neither Arbitration Council nor Revisional Authority had jurisdiction to decree wife's claim relating to dower, dowry and miscellaneous articles ---Parties agreed that impugned order to the extent of dower amount, dowry amount and miscellaneous articles be set aside and impugned order be maintained to the extent of maintenance claim only---Court with concurrence of parties set aside impugned order except the maintenance claim, which was maintained---Wife would, however, be entitled to seek her remedy with respect to her claim for dower amount, dowry amount and miscellaneous articles in the forum of competent jurisdiction, if so advised. Manzoor Hussain v. District Collector, Sahiwal and 3 others 1992 CLC 246 ref. JUDGMENT The validity of the certificate issued by the Arbitration Council dated 9-1-1988 and the order of Revisional Court dated 22-11-1988 is called in question in this Constitutional petition. 2. The facts, briefly stated, leading to this petition are; that the petitioner and the respondent No.l were married on 24-10-1980. On account of differences between the parties, the petitioner divorced respondent No.l on 3­10-1987. Thereafter on 10-10-1987 respondent No.l made an application for grant of a decree with respect to an amount of RS.2Z000 (as dower), an amount of Rs. 24.000 (as dowry) and Rs. 10,900 (for other miscellaneous expense). The Arbitration Council was constituted which proceeded in absence of the petitioner. On 9-1-1988, the Arbitration Council ex parte decreed the claims of respondent No.l. The Council also decreed the maintenance claim of respondent No.l for the period of Iddat at the rate of Rs. 100 per month. In consonance with this decision, the Council issued the certificate. 3. Feeling aggrieved, the…

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