' ARSHAD MAHMOOD TABASSUM, J.---This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, calls in question order dated 13-12-2011, passed by the Additional District Collector, Khanewal, respondent No.1 herein, whereby he dismissed application for revision filed by the petitioner under Rule 9(2) of the Muslim Family Laws Ordinance, 1961 against the order dated 19-5-2009, passed by the Arbitration Council. The Arbitration Council had granted maintenance allowance to the respondent No.3 at the rate of Rs.5000 per month from June, 2007 till subsistence of marriage. However, marriage between the parties, now, stands dissolved.
2. Claim of the learned counsel for the petitioner is that the Arbitration Council, in violation of procedure, laid down, had not recorded the evidence of the parties and without assessment of sources of the petitioner, granted maintenance allowance to the respondent/ wife at an exorbitant rate; that suit of the wife for recovery of maintenance allowance for her minor son was already pending before the Judge Family Court and she could conveniently recover her maintenance, but she had preferred proceedings before the Arbitration Council and that the Additional District Collector, Khanewal without appreciating the facts has erroneously dismissed the revision.
3. Conversely, the learned counsel for the respondents has argued that revision filed by the petitioner before the Additional District Collector, Khanewal was hopelessly time barred as under Rule 16 of the Muslim Family Laws Ordinance, 1961, the limitation prescribed there under is 30-days, whereas the revision petition was filed beyond the said period on 19-8-2010 and that the same was dismissed on this sole ground.
4. Heard. Record perused.
5. Since the application for revision under section 9(2) of the Muslim Family Laws Ordinance, 1961, can be filed within 30-days. The petitioner has not filed an application for condonation of delay in filing revision petition before the Additional District Collector, Khanewal forwarding the reasons of delay. The Additional District Collector, Khanewal has rightly dismissed the revision filed by the potitioner. No exception can be taken to the order passed by Additional District Collector, Khanewal.
6. The petitioner himself appeared before the Arbitration Council and also submitted an application stating therein that the Arbitration Council had no jurisdiction to entertain the same., therefore, the proceedings pending before the Arbitration Council were within the knowledge of the petitioner and he has not preferred revision petition within time. Hence, the instant petition is hereby dismissed. The respondent/ wife shall be entitled to withdraw the amount of Rs.30,000 deposited by the petitioner towards maintenance allowance.