If Regular Wives and Child Maintenance is Not Paid:
If regular maintenance of wives in Pakistan or if child maintenance is not paid, you may file case through Jamila Law Associates. Maintenance for the iddat period is granted at the rate of $ 1000 per month. The contention is that the ex-wife’s father submitted the original application for maintenance of wives in Pakistan or if child maintenance is not paid.
Proceeding Took:
The entire proceeding took on its ab initio void and liable to be ignored, and no question of limitation arose. The litigation between parties started in 1973 when the husband divorced the ex-wife. The order of grant of maintenance came to his knowledge back in 1973 and let it attain finality. Challenging the order of care in 1989 will oust the plaintiff for want of limitation, and the sorrow would be liable to be dismissed under S. 3 of the Limitation Act, 1908. It may submit that such an order cannot be said to have been passed by a Tribunal having no jurisdiction on maintenance of wives in Pakistan or if child maintenance is not paid.
Arbitration Council:
The Chairman, Arbitration Council, has jurisdiction to grant maintenance. The presentation of a claim by the father of divorcee is not an irregularity that is not curable or divests the said Chairman from exercising jurisdiction for grant of maintenance duly vested in him by law. Limitation against such an order would commence from the date of knowledge, and it cannot ignore such an order simply because it is challenged to be void. Where the impugned order is passed by the Court who had jurisdiction to give such order and the same is neither prejudice nor illegal, a constitutional petition against such order would not be maintainable.
Maintenance of Wives in Pakistan:
Regarding the maintenance of wives in Pakistan or if child maintenance is not paid no period is provided elsewhere in the Limitation Act, 1908, when the right to sue has accrued. In computing period of limitation prescribed for any suit, by reasons of S. 13 of Limitation Act, 1908 time during which defendant had been absent from Pakistan and the territories beyond Pakistan under the administration of the Central Government would be excluded. Magistrate’s jurisdiction under Section 488, Cr.P.C Ousted Section 5, read with Section 20 of West Pakistan Family Courts Act, 1964, has ousted the jurisdiction of the Magistrate to deal with applications of maintenance of wives in Pakistan or if child maintenance is not paid under Section 488, Cr.P.C.
Magistrates:
The Act, 1964 also affected pending proceedings, and Magistrates no longer have jurisdiction to adjudicate upon a matter relating to maintenance. The Magistrate cannot issue a notice calling upon the husband to pay the maintenance arrears as envisaged under sub-section (3) of Section 488 Cr.P.C. and sub-section (5). Maintenance, Chairman, Arbitration Council has no authority in law to grant maintenance beyond the period applied for.” Arbitration Council has no jurisdiction to grant maintenance after the period of Iddat, i.e., three months after the talaq is made effective. Family Court is obliged to determine the financial status of the husband to decide the amount of maintenance of wives in Pakistan or if child maintenance is not paid.
