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7. According to section 5, West Pakistan Family Courts Act, 1964, subject to the provisions of the Muslim Family Laws Ordinance, 1961 and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdic tion to entertain, hear and adjudicate upon matters specified in the Schedule.

The matters which have been specified in the Schedule relates to Dissolution of marriage, dower, maintenance, restitution of conjugal rights, custody of children, guardianship and jectitation of marriage. It will be seen that since the matter with regard to dower was not within the jurisdiction of any Union Committee or Council to decide according to Muslim Family Laws Ordinance, 1961, therefore, till the enforcement of Family Courts Act, 1964 aggrieved parties used to approach the civil Courts for the redress of their grievance. After the enforcement of aforesaid Act all suits with regard to dower are being filed before the Family Courts established under the Act. As such the order of the Chairman, Union Committe econcerned being with out jurisdiction has no bearing whatsoever.

8. The next question which arises for consideration as mentioned above, is whether the Collector or any revenue authority has jurisdiction to straight away proceed in the matter for the purpose of recovering dower amount if not paid as arrears of land revenue in the case of a person who has con tracted second marriage without the permission of the Arbitration Council. I am afraid no such jurisdiction has been conferred by the aforesaid provisions upon any revenue authorities whatsoever to proceed independently for recovering dower amount as arrears of land revenue in the absence of any order or decree passed by a competent Court or authority. There is no doubt that according to the aforesaid provisions unpaid dower amount in the case of a person who has contracted second marriage without the permis sion of the Arbitration Council can be realised as arrears of land revenue, but the question would be under whose orders. The provisions of Muslin Family Laws Ordinance, 1961, are to be read in conjunction with the provi visions of Family Courts Act, 1964, as provided by section 5 of the Act. The Family Courts established under the Act have exclusive jurisdiction to hear and adjudicate upon certain matters specified in the Schedule subject to the provisions of the Ordinance. It is admitted that under the Act of 1964 it is the Court of Family Judge which has got exclusive jurisdiction to decide the matter with regard to dower. According to section 13 of the Act the Family Court shall pass a decree in such form and manner as may be prescribed and shall enter its particulars in the prescribed register. Subsec tion (2) of section 13 of the Act provides that if any money is paid or any property is delivered in the presence of the Family Court, in satisfaction of the decree, it shall enter the fact of payment and delivery of the property, as the case may be, in the aforesaid Register. Subsection (3) provides that where a decree relates to the payment of money and the decretal amount is not paid within the time specified by the Court, the same shall, if the Court so directs, be recovered as arrears of land revenue, and on recovery shall be paid to the decree-holder. Subsection (4) provides that the decree shall be executed by the Court passing it or by such other civil Court as the District Judge may, by special or general order, direct. It means that a decree passed in a dower matter by a Family Court shall be executed by the Court which has passed the same or by such other civil Court as the District Judge may by his order direct. Further any amount not paid within the specified period as fixed by the Family Court the same can be recovered as arrears of land revenue if so directed by the Court and not otherwise. Similar provision exists in many other laws particularly Industrial Relations Ordinance, 1969. Section 51 thereof provides that any money due from an employer under a settlement or under an award or decision of the Arbitrator, Labour Court or Tribunal, may be recovered as arrears of land revenue or as a public demand, if so directed by the Labour Court. It may be noticed that other laws such as Income Tax Act, Customs Act etc. make provisions for such purposes. It means that unpaid amount in the cases under the aforesaid laws cannot be realised as arrears of land revenue in the absence of a valid order passed by a competent authority or Court directing the realisation of such amount as arrears of land revenue. The provision as contained in subsection (5) of section 6 of t-he Ordinance, 1961 cannot be read in isolation of the relevant provisions as contained in Family Courts Act, 1964. 1 am afraid no person can strai0taway approach the Collector or any other revenue authority on the basis of Nikahnama or any other agree ment between the parties that since husband has contracted second marriage without the permission of the Arbitration Council, therefore, unpaid amount of dower may be realised as arrears of land revenue. The services of the Collector or any other revenue authority may be utilised for the purpose of realisation of unpaid amount in such manner as directed by Family Court under the relevant provisions of Act, 1964. Unless a matter is properly and legally adjudicated upon as to how much ainount is due to the wife whether the agreement or Nikahnama on the basis of which said amount is claimed is valid and decree is passed by a competent Court, no proceedings under subsection (5) of section 6 can be held. Further such matters cannot be decided by revenue authority as no jurisdiction has been conferred upon that by any provision of Muslim Family Laws Ordinance. It may be decided by a Family Court as envisaged by Family Courts Act, 1964.

9. It is to be noticed that if the contention raised by the learned counsel for respondent No. 4 is accepted that every person can straightway approach the Collector or any revenue authority for recovery of unpaid amount of dower as arrears of land revenue under subsection (5) of section 6 then such proceedings, will lead to chaos and confusion. in the absence of any valid order or decree having been passed by a competent Court as envisaged by Family Courts Act, 1964.

10. The Collector, District Lahore, by his order dated 31-5-1980, has held that the Chairman, Arbitration Council has jurisdiction to award decree under subsection (5) of section 6 of the Muslim Family Laws Ordi nance, 1961 and since unpaid amount of such decree can be realised as arrears of land revenue, therefore, the Assistant Collector concerned can proceed with the matter. I frail to understand as to wherefrom such inference has been drawn by the learned Collector that the Chairman, Arbitration Council has jurisdiction to pass an order with regard to the dower amount. The aforesaid order has been passed in disregard of the relevant provisions of law discussed above. The Chairman, Arbitration Council illegally assumed jurisdiction in passing an ex pdrte order, against the petitioner for payment of dower amount. The Collector, Lahore in turn illegally and without jurisdic tion held that the aforesaid amount could be realised as arrears of land revenue in the absence of any valid order or decree passed by a competent Court. Since the Chairman of the Arbitration Council was not competent even to entertain any application filed by respondent No. 4 for the recovery of amount of dower under Muslim Family Laws Ordinance, 1961, therefore, his order passed in that behalf cannot be sustained in law and the same is hereby set aside. The order of the Collector based upon that illegal and without jurisdiction ex pari e order as discussed above also cannot be sustained. He has no jurisdiction to proceed for the recovery of such amount as arrears o land revenue independently in the absence of any valid order or decree passed by a competent Court as envisaged by Family Courts Act of 1964. His order, therefore, being illegal and without jurisdiction is hereby set aside. The writ petition stands accepted with costs .