1993CLC 193 (PLP)
MUSHTAQ AHMAD‑‑‑Petitioner Versus TAHIRA YASMIN and others‑‑‑Respondents
| Citation | 1993CLC 193 (PLP) |
| Forum / Court | Lahore |
| Bench Members | Mian Allah Nawaz, J |
| Parties | MUSHTAQ AHMAD‑‑‑Petitioner Versus TAHIRA YASMIN and others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1993CLC 193 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993CLC 193 (PLP)?
The case was heard and decided by the Lahore bench comprising: Mian Allah Nawaz, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993CLC 193 (PLP) (MUSHTAQ AHMAD‑‑‑Petitioner Versus TAHIRA YASMIN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Malik Muhammad Aslam for Petitioner.
- Abdul Qayyum Qureshi for Respondent No.l
- Date of hearing: 5th May, 1992.
Headnotes / Summary
Muslim Family Law Ordinance (XIII of 1961) . ‑‑‑‑S. 9‑‑‑Constitution of Pakistan (1973), Art. 199‑‑‑Arbitration Council Jurisdiction‑‑‑Extent‑‑‑Wife's claim of dower amount, dowry amount and for miscellaneous articles, decreed by the Arbitration Council‑‑..Neither Arbitration Council nor Revisional Authority had jurisdiction to decree wife's claim relating to dower, dowry and miscellaneous articles ‑‑‑Parties agreed that impugned order to the extent of dower amount, dowry amount and miscellaneous articles be set aside and impugned order be maintained to the extent of maintenance claim only‑‑‑Court with concurrence of parties set aside impugned order except the maintenance claim, which was maintained‑‑‑Wife would, however, be entitled to seek her remedy with respect to her claim for dower amount, dowry amount and miscellaneous articles in the forum of competent jurisdiction, if so advised. Manzoor Hussain v. District Collector, Sahiwal and 3 others 1992 CLC 246 ref.
Judgment & Decree
Manzoor Hussain v. District Collector, Sahiwal and 3 others 1992 CLC 246 ref. Malik Muhammad Aslam for Petitioner. Abdul Qayyum Qureshi for Respondent No.l Date of hearing: 5th May, 1992. The validity of the certificate issued by the Arbitration Council dated 9‑1‑1988 and the order of Revisional Court dated 22‑11‑1988 is called in question in this Constitutional petition.
2. The facts, briefly stated, leading to this petition are; that the petitioner and the respondent No.l were married on 24‑10‑1980. On account of differences between the parties, the petitioner divorced respondent No.l on 3 10‑1987. Thereafter on 10‑10‑1987 respondent No.l made an application for grant of a decree with respect to an amount of RS.2Z000 (as dower), an amount of Rs. 24.000 (as dowry) and Rs. 10,900 (for other miscellaneous expense). The Arbitration Council was constituted which proceeded in absence of the petitioner. On 9‑1‑1988, the Arbitration Council ex parte decreed the claims of respondent No.l. The Council also decreed the maintenance claim of respondent No.l for the period of Iddat at the rate of Rs. 100 per month. In consonance with this decision, the Council issued the certificate.
3. Feeling aggrieved, the petitioner preferred revision petition before the Collector who dismissed the same by order dated 22‑11‑1988.
4. Learned counsel for the petitioner relied upon Manzoor Hussain v. District Collector. Sahiwal and 3 others 1992 CLC 246 to contend that neither the Arbitration Council nor the Revisional Authority had jurisdiction to decree the claim of the respondent, relating to dower dowry and miscellaneous articles. This position was not contested by the learned counsel for respondent No.l. He fairly stated that the certificate/order of the revisional authority to the extent of dower amount (Rs.22,000), dowry amount (Rs.24,000) and miscellaneous articles (Rs. 10,900) be set aside and the impugned order be maintained to the extent of maintenance claim only. He further stated that observation shall be recorded that respondent No.l would be entitled to seek redressal of her grievance with respect to the aforenoted claims in the forum of competent jurisdiction. This position was not challenged by the learned counsel for the petitioner.
5. In result, with the concurrence of the parties, the impugned certificate dated 9‑1‑1988 and the order of the Revisional Authority dated 22‑11‑1988 to the extent of amount of Rs.22,000 (dower money), Rs.24,000 (dowry amount) and Rs. 10,900 (miscellaneous articles) are, hereby, set aside. The impugned order to the extent of maintenance is upheld. Respondent No.l shall be entitled to seek her remedy with respect to the aforesaid claims in the forum of competent jurisdiction, if so advised. The said forum shall decide the controversy, if brought before it, strictly in accordance with law. AA./M‑604/L Order accordingly.