Maintenance after the Procedure of Talaq in Pakistan:
High Court modified judgments passed by both the Tribunals below to the extent that instead of granting maintenance of iddat period consisting of 90 days, the same was reduced to 39 days. The petition was disposed of accordingly, and the procedure of talaq in Pakistan was held valid. All the three children from the wedlock were brought up by the father who had retired from service. Nothing was available on record to show reasonable and persuasive proof of the man’s income, who had been in a critical financial position for some time, and spouses during their married life had to sell some jewelry to overcome the financial crisis. Chairman, Arbitration Council, had not asked the parties questions to determine their means of income and fixed the maintenance allowance during the procedure of talaq in Pakistan. The Talaq in Pakistan is Right of Every females. Here u need to Know The talaq Law in Pakistan & Prepare the Talaq Form in Pkaistan. The Talaq procedure in Pakistan is very simple and easy.
Chairman of Arbitration Council:
The Chairman of the Arbitration Council committed a glaring legal error which was apparent in his order. High Court, the Court of equity and natural justice had to take note of illegalities committed by the Tribunal below and rectify the same beyond technicalities. After that, he contracted Nikah with a female accused after the procedure of talaq in Pakistan. Divorce through written divorce deed and registered with Nikah Registrar. Petitioner/female accused, through a petition under S. 561-A, by Cr.P.C., had sought quashing of the complaint filed by the respondent (her previous husband) under S. 6(5) of Muslim Family Laws Ordinance, Judicial Magistrate who had issued bailable warrants of arrest of petitioners. Male accused, who was married to respondent/complaint, had said that he divorced her through the procedure of talaq in Pakistan, and after that, he contracted Nikah with female accused, which was registered with Nikah Registrar.
Female accused/petitioner No. 1 had argued that she had committed no offense by marrying co-accused/petitioner No. 3 since, according to Shariah, every male Muslim was allowed to contract four marriages and that provisions of S. 6(5) Muslim Family Laws Ordinance 1961 were ultra vires the Shariah. Provisions of S. 6(5) of Muslim Family Laws Ordinance, 1961 had laid Gown that only man who contracted second marriage without his wife’s permission or Arbitration Council could be prosecuted. No provision was for prosecution of a second wife who herself could file a complaint under S. 6 of Muslim Family Laws Ordinance, 1961, since she would also be an aggrieved party where her husband had contracted two marriages.
No provision existed for the prosecution of witnesses. Nikah Registrar etc. The second wife/petitioner, witnesses, and Nikah Khawan could be summoned as witnesses and not as accused in the case. As such, to their extent, the order for issuance of warrants for their appearance as co-accused was without lawful authority. Petitioner No.3/male accused who had contracted second marriage after the procedure of talaq in Pakistan prima facie was an accused in terms of a complaint under S. 6(5) of Muslim Family Laws Ordinance, 1961.
Since he had failed to appear before Magistrate in response to the summons issued, no infirmity was in the order regarding issuing his warrant of arrest. Petition filed under S. 561-A, Cr.P.C., for quashing of the criminal complaint was accepted to the extent of all petitioners, except petitioner No.3/male accused and complaint as well as order for issuance of their bailable warrants was quashed.
Nazim/Chairman, Arbitration Council, had awarded maintenance till the decision of the application on 30-08-2002 and for future also. The marriage having stood dissolved on 28-02-2002; wife could lawfully claim maintenance till then and for the iddat period. Wife, in the circumstances, was entitled to the maintenance from 25-05-2000 when she had been deserted by the husband to 27 of June 2002 when her iddat period expired.