P L D 2012 Lahore 430 (PLP)

IJAZ AHMAD, J.

Respondents Nos.1 and 2 professing Christianity were married to each other in the year 2003. The respondent No.1 instituted a suit for payment of maintenance allowance against respondent No.2 through the petitioner as his attorney and for payment of maintenance allowance in favour of her minor daughter Khulda Simran and for medical expenses incurred at the time of birth of the child. A decree for payment of maintenance allowance was passed on 7-3-2007 by the learned Judge Family Court, Gujranwala, in favour of respondent No.1 only to the tune of Rs.5,000 per month with effect from 11-7-2003 till her rejoining the petitioner or till the completion of period of `iddat', in case she was divorced, and for payment of Rs.15,000, the expenses incurred on the birth of the child. No appeal was preferred.

2. The execution petition was made wherein respondent No.1 claimed the payment of Rs.6,90,000 as maintenance allowance and medical expenses. The petitioner has been prosecuting the case of respondent No.2 as his attorney before the learned Judge Family Court/Executing Court. The petitioner complying with the order dated 21-7-2010 passed in this writ petition has already paid Rs.300,000.

3. It is contended by the learned counsel for the petitioner that at whatever rate, the total amount of payable maintenance allowance may be calculated, even then it does not come to Rs.6,90,000 and that the petitioner or respondent No.2 cannot be made to satisfy the decree for that amount. He substantiates his arguments relying on a fact that respondent No.2 had converted to Islam in the year 2007 and had divorced respondent No.1 on 20-2-2007, therefore, respondent No.1 in the terms of the judgment and decree could be entitled to maintenance allowance only till she rejoins respondent No.2 or on the completion of period of 'iddat'.

4. On the other hand, it is contended by the learned counsel for respondent No.1 that the marriage was solemnized in accordance with the Laws of Christianity governing the spouses, at the time of marriage, therefore the divorce could only be pronounced under the same religion. Thus he contests the legality of the alleged divorce pronounced by respondent No.1 and argues that the maintenance allowance shall continue to be paid to respondent No.1 until she rejoins respondent No.2 or is divorced in accordance with the religion of Christianity.

5. I have heard the learned counsel for the petitioner, for respondent No.1 and also gone through the record.

6. The quantum of maintenance allowance past and future has to be calculated and determined by the Executing Court. A terminus ad quem is to be determined by this Court. The point of time is when the 'Talaq' pronounced by respondent No. 1 would become effective. The Christianity and Islam, both are proselytizing religions, the conversion from one faith to other does occur though not very frequently. In a case where the spouses at the time of marriage were Christian and the wife renounces her religion and converts to Islam, she in that eventuality being a Muslim would be one married to a non-Muslim, both professing their scriptural religions. She will be on the intervention of the court, entitled to a decree for dissolution of marriage. The Court in such an eventuality would call upon the husband to embrace faith of the wife and if he refuses to do so, a Judge may pronounce the dissolution of marriage. In the case of husband renouncing the Christianity and embracing Islam, the convert Muslim husband would have scriptural (Katibia) woman as his wife. Such a union is permitted by Islam and may continue till the wife obtains a decree for dissolution of marriage or the husband pronounced "Talaq" in accordance with law of the religion professed by him. Reliance is placed on (AIR 1935 Bombay 5) titled "Muncherji Cursetji Khambata v. Jessie Grant Khambata" (PLD 1963 Supreme Court 51) titled "Syed Ali Nawaz Gardezi v. Lt. Col. Muhammad Yusuf" and (PLD 1958 (WP) Lahore 431) titled "FROOQ LEIVERS v. ADELAIDE BRIDGET MARY". The husband, keeping a Christian woman as his wife, can also take another wife according to Shariat. The divorce which is not denied by respondent No.1 but pronounced by respondent No.2 in accordance with the husband's new religion is legal subject to limitations and safeguard provided by the Holy Quran. Respondent No.2 having pronounced divorce to respondent No.1 on 20-7-2007, the same would be effective after the expiry of period of `Iddat'. The respondent No.1 will be entitled to the maintenance allowance till that date. The Executing Court shall calculate the amount of maintenance allowance payable by the respondent No.2 adjusting any amount already paid by him towards the satisfaction of the decree. This petition in the above terms stands partly accepted. K.M.Z./A-67/L Petition partly accepted.