Rashid Ahmad Khan v Nasim Ara

The petitioner and the respondent were married on 22nd June, 1963. The respondent filed an application under section 9 of the Muslim Family Laws Ordinance (VIII of 1961) on 1st January, 1966, while the petitioner and respondent were divorced on the 8th of January, 1966, a notice of which was sent to the Chairman of the Union Council and a copy to the respondent in compliance with the requirements of section 7 of the Ordinance. The Council, thereafter, asked the petitioner to answer the application filed by the respondent for maintenance.

The petitioner replied to the application stating that he shall maintain his ex-wife for a period of three months (Iddat period) after the divorce. However, an Arbitration Council was constituted wherein the respondent’s father, Ghulam Mustafa Khan was nominated as her representative on the Council.

The Arbitration Council, that was constituted, decreed a sum of Rs. 708. 33 in favour of the respondent as arrears of maintenance for the period between the 10th of February, 1965 and the 15th of April, 1966, at the rate of Rs. 50 per month. The petitioner aggrieved with this decree filed a writ petition at the High Court.