Citation Name: 2023 MLD 1928 LAHORE-HIGH-COURT-LAHOREBookmark this Case MEHDI KHAN vs SHUMAILA BIBI S

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Citation Name: 2023 MLD 1928 LAHORE-HIGH-COURT-LAHOREBookmark this Case MEHDI KHAN VS SHUMAILA BIBI S. 9---Maintenance---Scope---Section 9(1) of the Ordinance, 1961, postulates that Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband---From the word 'maintenance' it cannot be gathered that it relates to past or future rather in a wide sense it covers all kinds of maintenance payable to the wife either during subsistence of her marriage or for Iddat period, as the case may be---Section 9(1) of the Ordinance, 1961 in no way curtails the power of Arbitration Council to grant past maintenance to the wife---Husband's obligation to maintain his wife commences simultaneously with the creation of marital bond and being an obligation and not an ex gratia grant it is enforceable even with respect to the past period of marital life, even if the same was not claimed during that period by the wife, subject to consideration of limitation and circumstances of the case itself. Citation Name: 2023 MLD 1928 LAHORE-HIGH-COURT-LAHOREBookmark this Case MEHDI KHAN VS SHUMAILA BIBI S. 29---Savings---Scope---When the statute itself prescribes the period for availing remedy before the higher forum the provisions of Limitation Act, 1908 would not be applicable. Citation Name: 2023 MLD 1928 LAHORE-HIGH-COURT-LAHOREBookmark this Case MEHDI KHAN VS SHUMAILA BIBI S. 9---West Pakistan Rules under the Muslim Family Laws Ordinance, 1961, R. 16--- Maintenance--- Revision--- Limitation---Scope---Subsection (2) of S. 9 of the Muslim Family Law Ordinance, 1961 clarifies that a husband or wife may in the prescribed manner within the prescribed period and on payment of prescribed fee prefer an application for revision of the certificate before the Collector concerned and his decision shall be final and shall not be called in question in any Court---Words "within the prescribed period" means not beyond the period stipulated under the Rules---In this regard clarification is made under R. 16(1) of the West Pakistan Rules under the Muslim Family Laws Ordinance, 1961. Citation Name: 2023 MLD 1928 LAHORE-HIGH-COURT-LAHOREBookmark this Case MEHDI KHAN VS SHUMAILA BIBI S. 9---Family Courts Act (XXXV of 1964), Ss. 5 & 21---Maintenance---Provisions of Muslim Family Laws Ordinance, 1961, not affected---Jurisdiction of Chairman, Arbitration Council---Scope---Chairman, Arbitration Council while issuing a Certificate of Talaq fixed the maintenance allowance of the wife with arrears for the last three years---Petitioner assailed the order on the ground that the Family Court previously denied similar relief to the wife, therefore she was estopped from claiming the maintenance allowance---Validity---Section 9 of the Muslim Family Laws Ordinance, 1961, granted wife the right to seek maintenance for the future as well as the past---Combined reading of Ss. 5 & 21 of the Family Courts Act, 1964, revealed that there was no obstacle preventing the wife from applying under S. 9 of the Muslim Family Laws Ordinance, 1961, in addition to availing any other legal remedy available to her---When a party has more than one forum for redressal of its grievance and if it opts for one of them then it cannot be allowed to switch over to the rest of the remedies---In this particular case, if the proceedings before two forums were not maintainable, the suit before the Family Court, being filed later, could be challenged, but not the proceedings before the Arbitration Council---Constitutional petition was dismissed.

Citation Name: 2023 MLD 1928 LAHORE-HIGH-COURT-LAHOREBookmark this Case MEHDI KHAN vs SHUMAILA BIBI S — 2023 MLD 1928 LAHORE-HIGH-COURT-LAHORE

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