1995 PLP 121 (MLD)

4. 1 have heard the learned counsel for the petitioner. I have perused the record and also the findings of the Chairman, Arbitration Council and that of the learned District Collector, Lahore. The respondent No.3 was divorced by the petitioner on 28‑1‑1991. The proceedings before the Conciliation Council remained pending till 6‑8‑1992 while it transpired that the respondent No.3 was pregnant; the child according to the statement of the mother of the respondent No.3, was born in August, 1991 and the Chairman, Conciliation Council on 6‑8‑1992 announced that the divorce given by the petitioner to the respondent No.3 had become effective in August, 1991, after the delivery of the child. This order was delayed because there were proceedings of transfer vide orders of the Collector, Lahore. The first transfer order was made on 26‑4‑1992 and the second transfer order was made on 20‑6‑1992 when finally the case was entrusted to. the Chairman as Conciliation Council and also Arbitration Council, Ward No.1, Begum Kot, Shahdara, Lahore.

5. I have perused the order of effectiveness of divorce-dated 6‑8‑1992 where the divorce was held to be effective in August, 1991. The Chairman, Arbitration Council after a long procedure awarded maintenance decree to the respondent No.3 from the date of divorce dated 31‑1‑1991 till the effectiveness of divorce on 6‑8‑1992 and calculated this period as 18 months and 7 days at the rate of Rs.3,000 p.m. total Rs.54,

700. I am afraid the order of the Chairman, Arbitration Council is not based upon the correct calculation of the period for the award of maintenance decree. The respondent No.3 vide her maintenance application demanded maintenance allowance of seven months for the past and Rs.15,000 p.m. in future. The divorce became effective on 6‑8‑1991 when she delivered the child. Section 7 of the Muslim Family Laws Ordinance, 1961 prescribes the mode of Talaq which reads as under:‑‑‑ "

7. Talaq.‑‑‑(1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq to any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife. (2) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx (3) Save as provided in subsection (5), a Talaq unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under subsection (1) is delivered to the Chairman. (4) Within thirty days of the receipt of notice under subsection (1) the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation. (5) If the wife be pregnant at the time of Talaq is pronounced, Talaq shall not be effective until the period mentioned in subsection (3) or the pregnancy, whichever be later, ends. (6) xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx The words "until the period mentioned in subsection (5) or the pregnancy, whichever be later, ends" are very clear. According to the petitioner the child was born in August 1991 and the divorce became effective in August 1991. So the Chairman, Arbitration Council could calculate the period from 31‑1‑1991 till August 1991 when the child was delivered by the respondent No.3. Moreover, the Chairman, Arbitration Council has not kept under consideration the past maintenance demanded by the respondent No.3 when the marriage was subsisting. Although the effectiveness of divorce is admitted by him through an order which is dated 6‑8‑1992 with the record so the order passed by the Chairman, Arbitration Council is in excess of his jurisdiction. I partially accept this petition and modify the decree given by the Chairman from 28‑1‑1991 till August, 1991 at the rate of Rs.3,000 p.m. The total amount comes up to Rs.21,

000. The amount already deposited by the petitioner shall be taken by the respondent No.3 and for the rest of the amount she can always go for execution of the decree to the Court of competent jurisdiction.

6. There shall be no order as to costs. AA./J‑85/L Order accordingly.