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1989 SCMR 456

ABDUL LATIF vs Mst. SURAT KHATOON and another

Citation1989 SCMR 456
CourtSupreme Court of Pakistan
Case No.Civil Petition for Special Leave to Appeal No,269 of 1988
Date1988-06-04
Judge(s)Muhammad Afzal Zullah, Saad Saood Jan
ResultPetition dismissed

ORDER

' SAAD SAOOD JAN, J.--This is a petition for special leave to appeal against the order dated 3-2- 1987 which was passed by the Chairman of the Arbitration Council and was upheld in revision by the Deputy Commissioner and in writ jurisdiction by the High Court.

2. The only point raised in this petition is that while fixing the amount of maintenance for the wife, the Arbitration Council has allocated an amount for the maintenance of the parties' minor child also. It is contended that the Arbitration Council could award maintenance to the wife alone.

3. It is to be noticed that in its order the Arbitration Council has not fixed any separate amount for maintenance of the minor child. However, while assessing the rate of maintenance for the wife it has taken into account the burden which she had to bear for maintaining the minor daughter also.

In the circumstances, we do not think that the order of the Arbitration Council suffers from any infirmity. In any event, we are informed that separate suit for maintenance is pending before a Family Court. We hope that while deciding the suit, the Family Court would also take into account the order of the Arbitration Council whereby while fixing the amount of maintenance for the wife, her responsibility in looking after the daughter has also to be taken into account. With these observations the petition is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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