Law:

Section:

(a) Muslim Family Laws Ordinance (VIII of 1961)--­ ---- S.9 --- Maintenance --- Order granting maintenance to wife simply on statement of wife unsupported by any evidence qua husband's financial status, could not be sustained, especially when statement of wife was absolutely silent as to paying capacity of husband and wife had not even given any figure as to rate of maintenance allowance. Dost Muhammad v. Mst. Alam Khatoon and Others 1986 M L D 2583; M. Ponnambalam v. Saraswathi A I R 1957 Mad. 693 an4, H. Syed Ahmad v. Naghath Parveen Taj Begum A I R 1958 Mys. 128 ref. (b) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 9 --- Maintenance --- Husband while challenging orders of Courts below granting maintenance to wife contended that whole proceedings were illegal as Arbitration counsel was not properly constituted --- Order granting maintenance to wife was only signed by Chairman and it was not clear from the order whether it was a unanimous decision of Arbitration Council or not because Members had not signed the same --- Orders of Courts below, held were liable to be set aside on that ground. JUDGMENT The petitioner through this Constitutional petition has challenged the orders dated 13-3-1989 and 26-6-1986 of the respondents Nos.1 and 2 respectively. 2. The relevant facts are that the petitioner and respondent No.3 got married on 21-10-1985. The marriage was without the blessing of the parents of the petitioner, therefore, failed. The respondent No.3 moved an application on 11-2-1986 before respondent No.2 for grant of maintenance at the rate of Rs.5,500. The said respondent after some proceedings and recording the statement of respondent No.3 proceeded to grant maintenance to her at the rate of Rs.2,200 per month. The petitioner impugned this order through a revision before respondent No.l. The same was dismissed vide order dated 13-3-1989. Hence present Constitutional petition. The petition was admitted to regular hearing and notices were issued to the respondents. The respondent No.3 alone has entered appearance through Advocate and contested the petition while the other respondents were proceeded ex parte. 3. The learned counsel for the petitioner…

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