MUHAMMAD IQBAL Versus NASRIN ASHRAF

ORDER

MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by a husband in a family dispute from judgment dated 13‑5‑198 of the Lahore High Court; whereby respondents' Constitutional Petition was allowed.

2. The Arbitration Council had awarded maintenance in favour of the respondent at a high rate upto the date of effectiveness of Talaq‑‑28th June, 1985. The Collector on petitioner's challenge to the order of the Arbitration Council, reduced the amount and also directed that it shall be paid upto the end of the Iddat period and not the date of the effectiveness of the Talaq. The High Court, on respondents' Writ Petition, held, that the payment at the reduced rate shall have to be made upto the effectiveness of the Talaq. The petitioner has sought leave to appeal.

3. The learned counsel relying on Major Shaukat Ali Randhawa v. Mst. Zartaj Hamid etc. 1985 C L C 3011, contended that the amount of maintenance is payable upto the date of pronouncement of Talaq. When we asked him that leave to appeal can be granted to) examine a question of law whether the period of Iddat shall commence from the date of the effectiveness of the Talaq under the Family Laws Ordinance or the period of Iddat would the completed on that P date; with the possibility that if the first question is answered in the affirmative, the petitioner might have to pay more amount to the respondent than directed by the High Court, the learned counsel did not press the petition any further. The same is, accordingly, dismissed.

M.I./M‑449/S Petition dismissed.