Pakistan Case Law
1989 SCMR 1416

ABDUL MAJID Versus HUMAIRA BIBI

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Citation1989 SCMR 1416
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.1081 of 1988
Date1989-03-01
Judge(s)Muhammad Afzal Zullah and Javid Iqbal
Authored byJavid Iqbal
ResultPetition dismissed

ORDER

1. JAVID IQBAL J.โ€‘โ€‘ This petition for leave to appeal is directed against judgment of the Lahore High Court, Lahore dated 16 October, 1988 whereby writ petition of the petitioner was dismissed.

2. Briefly the facts are that the petitioner married respondent No.l (Mst. Humaira Bibi) on 4 January, 1986 but three days thereafter on 7 January 1986 left for Iran. He then divorced the aforesaid respondent on 25 September, 1986 and Talaq became effective on 27 September,1986. Thereafter the respondent made an application to the Arbitration Council which granted maintenance to her at the rate of Rs.2,000 p.m. for a period of one year from 5 January, 1986 to 21 December, 1986. The total amount of maintenance awarded came to Rs.24,000 The petitioner challenged the order of the Arbitration Council before the District Collector in revision but he was unsuccessful. Thereafter he filed writ petition against the same which as stated above was dismissed. Hence the preset petition.

3. We have heard learned counsel for the petitioner. It is evident that the liability to maintain the respondent till the end of the Iddat period is on the petitioner. Therefore the respondent is entitled to receive the maintenance as ordered by the High Court. In that view of the matter no interference is called for. As a result this petition is dismissed.

4. M.BA./Aโ€‘470/S Petition dismissed

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