This Constitutional petition is directed against the order, dated 22nd of September, 1987 passed by the Collector Lahore District, Lahore whereby the revision petition filed by the respondent against the order of the Arbitration Counsil, dated 3rd of July, 1986, was accepted and the case was remanded to the Arbitration Council for its re-decision in accordance with law.
2. The facts necessary for disposal of this petition are that the respondent was married with the petitioner on 22nd of March, 1978. Out of this wedlock two issues were born, one of whom is, unfortunately, dead. It appears that the parties later on fell apart and are living separately.
3. On 3rd of June, 1986 the respondent filed an application before the Chairman, Arbitration Council Ward No. 49 Nawan Kot, Islamia Park, Lahore for the grant of maintenance to her and her minor child. This application was rejected by the Council on 3rd of July, 1986. The respondent went in revision which was accepted on 22-9-1987 and the case was remanded for its decision to the Arbitration Council. This order of remand is the subject-matter of the present Constitutional petition filed by the petitioner husband.
4. During the course of proceedings before lower forums, the respondent filed two separate suits for maintenance; one for the child and the other for herself in the Family Courts at Lahore. This suit for the maintenance for the child has since been decreed but the other suit for maintenance of the respondent was stayed by the Family Court pending the decision of the proceedings before the Arbitration Council under section 9 of the Muslim Family Laws Ordinance 1961.
5. Today it has been stated by Mst. Balqis Siddiqa who is present in person and her learned counsel that she does not want to prosecute the application under section 9 of the Muslim Family Laws Ordinance 1961 before the Chairman Arbitration Council and would like to have the dispute decided by the Judge Family Court, under Family Courts Act, 1964. This being the position this Constitutional petition hall' fructified and no further proceedings are called for.
The Family Court shall now proceed to decide the suit for maintenance within a period of two months from today. The petition is disposed of in above terms with no order as to cost.
H.B.T./M-1316/L