FAQIR MUHAMMAD KHOKHAR, J.- This order shall dispose of Writ Petitions Nos. 2853 and 2854 of 1992 as they call in question the same impugned order.
2. Case called. No one has appeared for respondent No. 3 who is proceeded ex parte.
3. The respondent No. 3 filed an application before respondent No. 2 for the grant of maintenance for herself and her three children at the monthly rate of Rs. 2000/- each. Respondent No. 2 by ex parte the maintenance at the rate of Rs. 500/- each vide his order dated 5.10.1991 passed by the Chairman of the Arbitration Council. The petitioner as well as respondent No. 3 filed a revision before the Deputy Commissioner/District Collector, Lahore. By order dated 18-3-1992, the Deputy Commissioner/District Collector, Lahore, modified the order dated 5.10.1991 and enhanced the maintenance from Rs. 2000/- to Rs. 7000/- in favour of the respondent No. 3 with and children.
4. It is contended by the learned counsel that the Arbitration Council or for that matter the Chairman thereof was not empowered to entertain the application for the grant of maintenance to the children. It is further argued that no Arbitration Council was constituted by the Chairman.
5. I have heard the learned counsel for the petitioner. I find that the impugned order dated 5.10.1991 does not show that any Arbitration Council was constituted by the Chairman. Although the petitioner seems to have appeared at one stage of the proceedings but the effective proceedings were taken ex parte. The question as to whether the maintenance for children can be claimed under the provisions of Muslim Family Laws Ordinance, 1961. Was not raised or decided by the authorities below. *
6. In this view of the matter, these writ petitions are accepted and the impugned orders dated 5.10.1991 and 18-3-1992 are declared to be without lawful authority and of no legal effect. There shall, however, be no order as to costs.
7. The petitioner shall, however, continue to pay{the maintenance to the three minor children at the rate of Rs. 1500/- per month @ Rs. 500/- for each minor child.
8. The Chairman/Administrator, Arbitration Council,' shall re-decide the matter within a period of ninety days after hearing both the parties. The petitioner shall appear before the Chairman/Administrator of the Arbitration Council within a fortnight.