| Case ID |
f56ccda9-f41f-4b39-bcb1-b67bfc146b39 |
| Body |
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| Case Number |
W.P. No. 9548 of 1991 |
| Decision Date |
Aug 23, 1993 |
| Hearing Date |
Apr 20, 1993 |
| Decision |
The Lahore High Court upheld the Arbitration Council's decision to grant maintenance to the petitioner, Mst. Rukhsana Kanwal, after finding that the husband had failed to appear and produce evidence in the proceedings. The court ruled that the husband was duly notified of the hearing dates and had no grounds to claim he was absent during the proceedings. It was established that he had previously turned out his wife from the house and was therefore legally obligated to provide maintenance for a period of six years under the Muslim Family Laws Ordinance. The decision emphasized that the limitation period for claiming past maintenance is governed by the Limitation Act, allowing claims up to six years. |
| Summary |
This case revolves around the provisions of maintenance under the Muslim Family Laws Ordinance, 1961, specifically Section 9 concerning the responsibilities of a husband towards his wife. The Lahore High Court adjudicated a matter where the Arbitration Council had previously granted maintenance to Mst. Rukhsana Kanwal, the wife of the petitioner, after the husband failed to appear in court. The court found that the husband had been properly notified of the proceedings and had absented himself without just cause. This case establishes the legal obligations of a husband to maintain his wife even when she is forced to leave the marital home due to his actions. The court ruled that past maintenance could be claimed for up to six years, referencing relevant sections of the Limitation Act. The case highlights the importance of adhering to legal processes in family law and the rights of women under Muslim family law. Keywords like 'maintenance law', 'Muslim Family Laws Ordinance', 'Lahore High Court', and 'family law decisions' are essential for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Mian Nazir Akhtar
|
| Lawyers |
Malik Allah Yar Khan,
,
Abdur Rehman Madni
|
| Petitioners |
Syed Muddassar Altaf
|
| Respondents |
,
The Deputy Commissioner/Collector, Lahore,
Abdur Rehman Madni
|
| Citations |
1993 SLD 1207,
1993 PLD 810
|
| Other Citations |
Mst. Hajiran Bibi v. Abdul Khaliq PLD 1981 Lah. 761,
Sheikh Abdul Karim v. Mst. Irshadunnisa Begum and 6 others PLD 1977 Kar. 477,
Mst. Bibi Musarat v. Sarfraz 1990 CLC 1908,
Abdul Latif v. Mst. Bakhat Bhari 1985 CLC 1154,
Muhammad Nawaz v. Mst. Khurshid Begum and 3 others PLD 1972 SC 302,
Rashid Ahmad Khan v. Mst Nasim Ara and others PLD 1968 Lah. 93,
Ghulam Nabi v. Muhammad Asghar and 3 others PLD 1991 SC 543,
Muhammad Yusuf v. Mst. Nafeesa Khatoon and others 1980 SCMR 1385
|
| Laws Involved |
Muslim Family Laws Ordinance, 1961,
Civil Procedure Code, 1908,
Limitation Act, 1908
|
| Sections |
9,
181,
120
|