Malik NAVEED AHMED vs Mst. AASIA and others
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, examining whether an application for recovery of maintenance for a wife under Section 9 of the Muslim Family Laws Ordinance, 1961 is governed by Article 181 or Article 120 of the Limitation Act, 1908, and whether a revision filed before the District Revenue Officer against an order of the Arbitration Council was barred by time. The Court granted leave to appeal to examine these questions concerning limitation and interference in the interest of justice. Pending the final decision of the appeal, the Court directed that a portion of the deposited maintenance amount be disbursed to the respondent wife, while the balance is to be kept in a profit-yielding account, and ordered the appeal to be fixed for hearing within three months.
- Whether an application before the Arbitration Council for effecting recovery of maintenance for a wife under section 9 of the Muslim Family Laws Ordinance, 1961, is governed by Article 181 or Article 120 of the Limitation Act, 1908?
- Whether a revision filed before the District Revenue Officer against the order of the Arbitration Council is barred by time?
- Section 9, Muslim Family Laws Ordinance 1961
- Article 181, Limitation Act 1908
- Article 120, Limitation Act 1908
' IFTIKHAR MUHAMMAD CHAUDHRY, CJ.---Leave to appeal is granted, inter alia, to examine whether:- -
(i) the application before Arbitration Council for effecting recovery of maintenance for wife under section 9 of the Muslim Family Laws Ordinance, 1961, shall be governed by Article 181 or Article 120 of the Limitation Act, 1908; and
(ii) the revision filed on 21-5-2009 by the petitioner before the District Revenue Officer against the order of Arbitration Council dated 19-1-2009 was barred by time. Limitation creates a right in favour of the opponent, therefore, interference in the order of the Arbitration Council would be called for in the interest of justice.
2. In pursuance of the order of this Court an amount of Rs,1,700,000 (Rupees one million and seven hundred thousand only), as determined by the Arbitration Council, has been deposited with the Registrar.
3. As leave to appeal has already been granted, therefore, pending decision of the appeal the respondent shall be entitled to draw Rs,850,000 (Rupees eighty hundred fifty thousand only) from the Registrar who, after following the procedure, shall disburse this amount to her. Balance of Rs, 850,000 (Rupees eight hundred fifty thousand only) shall be kept in profit yielding account. The appeal is ordered to be fixed for hearing after completion within a period of three months.