2023 MLD 1928
Muslim Family Laws Ordinance S. 9.
Maintenance --- Scope -- Section 9 ( 1 ) of the Ordinance , 1961 , postulates that Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband --- From the word " maintenance ' it cannot be gathered that it relates to past or future rather in a wide sense it covers all kinds of maintenance payable to the wife either during subsistence of her marriage or for Iddal period , as the case may be -- Section 9 ( 1 ) of the Ordinance , 1961 in no way curtails the power of Arbitration Council to grant past maintenance to the wife - Husband's obligation to maintain his wife commences simultaneously with the creation of marital bond and being an obligation and not an ex gratia grant it is enforceable even with respect to the past period of marital life , even if the same was not claimed during that period by the wife , subject to consideration of limitation and circumstances of the case itself .
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