| Citation(s) |
|---|
| 1993 SLG 904 1993 SLD 904 1993 CLC 779 |
Lahore High Court
MALIK MUHAMMAD QAYYUM, J
Kh. SaeeduzZafer for Petitioner. Muhammad Anwar Rana for
Respondent No. 1. Nemo for
Respondents Nos.2 and 3.
MALIK MUHAMMAD QAYYUM, J
Kh. SaeeduzZafer for Petitioner. Muhammad Anwar Rana for
Respondent No. 1. Nemo for
Respondents Nos.2 and 3.
MUHAMMAD BASHIR
VS
Mst. SUMAIRA SHAHZADI and others
Law:
Section:
(a) Muslim Family Laws Ordinance (VIII or 1961)--- ----S. 9---Constitution of Pakistan (1973), Art. 199---Constitutional jurisdiction---Reappraisal of evidence---Permissibility---Grant of maintenance to wife---Question as to quantum of income of husband, being primarily one of fact had been found by Arbitration Council as also by Collector concurrently against husband---Reappraisal of evidence in exercise of Constitutional jurisdiction was neither permissible nor possible. (b) Muslim Family Laws Ordinance (VIII of 1961)--- ----S.9---Constitution of Pakistan (1973), Art. 193---Grant of arrears of maintenance to wife from specified date---Validity---Objections relating to grant of arrears of maintenance from specified date. being a question of fact, Courts below after due consideration had found against husband---No illegality much less jurisdictional defect committed by Authorities below was pointed gout so as to justify interference by High court JUDGMENT This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, calls in question the order of the District Collector. Lahore, dated 2nd of April, 1991, whereby he maintained the order of the Arbitration Council dated 6th of December, 1990, directing the petitioner to pay maintenance to his wife Mst. Sumaira Shahzadi, respondent No.1 at the rate of Rs.1800 per month with effect from the 1st of August, 1984. 2. The learned counsel for the petitioner contended that there was no evidence on record to show that the petitioner had the means to pay maintenance at the rate of Rs.1,800 per month and, on the other hand, it was established that the take home emoluments of the petitioner, who was working in the State Bank of Pakistan, were. Rs.4,000, out of which he has to maintain his father besides another wife and two children apart from…
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