1991CLC1835 (PLP)

‑‑‑‑S. 9‑‑‑Grant of maintenance‑‑‑Jurisdiction‑‑‑Extent‑‑‑Provisions of S.9, Muslim Family Laws Ordinance, 1961, provide maintenance to wife alone‑‑ Children could not be granted maintenance under S.9‑‑‑Where maintenance was provided to wife and minor children by Arbitration Council, such maintenance to the extent provided to children being beyond jurisdiction of Arbitration Council was set aside. (c) Muslim Family Laws Ordinance (VIII of 1961)‑‑‑ ‑‑‑‑S. 9‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Arbitration Council granting maintenance to wife and children‑‑‑Maintenance granted to the extent of wife was deemed to be within jurisdiction while maintenance in favour of children was without jurisdiction and same was declared to have been granted without lawful authority and of no legal effect. Ch. Parvez Akhtar for Petitioner. Syed Aftab Shirazi for Respondent No.l. Date of hearing: 29th June, 1991. Mst. Farida Bano respondent‑decree‑holder filed a maintenance petition against her husband Allah Rakha petitioner judgment‑debtor with the Chairman who constituted an Arbitration Council under the Muslim Family Laws Ordinance, 1961. The Arbitration Council issued a certificate of maintenance for Mst. Farida Bano as well as their two minor children. The rate of maintenance was fixed at Rs,2,000 per month. Past maintenance from 1‑1‑1989 to 30‑4‑1990 and future maintenance from the date of presentation of the maintenance petition was granted. The certificate was called in question before the Collector who reduced the rate of maintenance to Rs.1500 per month. The orders of the Arbitration Council and the Collector have been called in question in the writ petition.

2. Learned counsel for the petitioner contended that no proper Arbitration Council had been constituted, even if one be considered to have been constituted no decision was given by it inasmuch as the two representatives of the parties had not signed the certificate but had only affidavits and that no maintenance for the d two minors children could have been granted in view of the provisions of Section 9 of the Muslim Family Laws Ordinance, 1961. The first limb of the contentions must be rejected. It is clear from the proceedings of the Arbitration Council as well as the order of the Collector in revision that the Chairman asked‑the parties to nominate their representatives on the Council which they did and the claim of the petitioner was not only allowed by the Council but also in support thereof the two representatives of the parties gave affidavits. It is more than just signing the certificate. Rather the decision as to certificate was supported by the two representatives by filing the affidavits.

3. However, there is force in the argument that maintenance only for the wife could have been granted and not for the children. Section 9 clearly provides that if any husband fails to maintain his wife adequately, she may in addition to seeking any other available legal remedy, apply to the Chairman to constitute an Arbitration Council to determine the matter and the Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband. There is no mention of any children of the parties of whatever age. In this connection the petitioner's plea is accepted. The maintenance granted for the children was, therefore, beyond the jurisdiction of the Arbitration Council.

4. Consequently, the petition is partly allowed. The certificate of the Arbitration Council and the order of the Collector are modified to the extent of the maintenance of Rs.1,000 per month for the children. Farida Bano respondent has claimed her own maintenance at the rate of Rs.1,000 which was allowed by the Arbitration Council and there being no specification of the amounts for the wife and the two children by the Collector in the impugned order the certificate to Mst. Farida Bano at the rate of Rs.1000 per month as maintenance shall be deemed to have been granted and maintained by the Collector. The order with respect to the rest of the maintenance for the children shall be deemed to have been set aside. A.A./A‑1367/L Petition partly allowed.