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Petition for Special Leave to Appeal No. 321 of 1968, decided on 8th October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 29th May 1968, in ‑W. P. No. 859 of 1968).
----S. 9 --Fixing maintenance under section‑Requirement of child residing with wife can also be taken into consideration.
Syed Ali Raza, Advocate Supreme Court instructed by Syed Wajid Hussain, Senior Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 8th October 1968.
‑On an application by the respondent under section 9 of the Muslim Family Laws Ordinance, 1961, the petitioner, her husband was ordered by the Chairman of the Union Committee to pay to her maintenance allowance at Rs. 225 per mensem which was reduced in revision by the Collector to Rs. 150 per mensem.
The couple has a minor child and the grievance of the petitioner is that in fixing the amount of the maintenance, the Chairman of the Union Committee as well as the Collector have taken into account the maintenance of the child which is not permissible under section 9 of the Ordinance. The argument is misconceived as the operative part of the order relates to the respondent alone and not to the child. However, the child who is residing with the mother being her responsibility not less than that of the petitioner, the consideration that she has also to maintain him cannot be considered as irrelevant. We do not agree that the impugned order is in violation of section 9 of the Ordinance.
The petition is dismissed.
Leave refused.
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