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Petitioner: MUHAMMAD SHAFI VS Respondent: CHAIRMAN, UNION COUNCIL and 2 others
Court Name: Lahore High Court Judge(s): Malik Muhammad Qayyum Title: MUHAMMAD SHAFI vs CHAIRMAN, UNION COUNCIL and 2 others Case No.: Writ Petition No,4682 of 1990 Date of Judgment:1991-03-27 Reported As: 1991 MLD 1508 Result: Petition dismissed
JUDGMENT
JUDGMENT ' This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 calls in question the order of the Arbitration Council Ward No,7, at Pattoki Tehsil Chunian, District Kasur, dated 17th May, 1990 whereby the petitioner was directed to pay maintenance at the rate of Rs,1,000 per month to his wife Mst. Yasmin respondent No,3 herein w.e.f, 18-1-1988. 2. The learned counsel for the petitioner contends that the application filed by the respondent No,3 before the Chairman of Ward No,7, Pattoki was not maintainable as respondent No,3 was resident of Ward No,14 and not 7 and, therefore, Arbitration Council Ward No,7 lacked territorial jurisdiction to try the application filed by respondent No,3. In this respect reliance has been placed by the learned counsel upon a copy of a statement made by respondent No,3 before a Magistrate wherein she is shown to be resident of Ward No,14 Pattoki. 3. The learned counsel appearing for the respondent apart from disputing the correctness of the contentions raised by the learned counsel for the petitioner has raised preliminary objection that this petition is not maintainable as the petitioner has not availed of the statutory remedy available to him of filing an appeal against the impugned order. 4. According to section 9 of the Muslim Family Laws Ordinance, 1961 a certificate of maintenance issued by the Arbitration Council can be challenged by the aggrieved party by filing a revision before the District Collector. In the present case admittedly, this remedy has not been availed of nor is any explanation forthcoming on the record for this omission. The jurisdiction under Article 199 of the Constitution can be invoked only if there is no other adequate remedy available to the petitioner.
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For the reasons aforesaid this petition is not maintainable and is dismissed leaving the parties to bear their own costs.