Section 9 of the Muslim Family Laws Ordinance, 1961 (Pakistan)

Section 9 of the Muslim Family Laws Ordinance, 1961 (MFLO) deals with maintenance obligations of the husband towards his wife (or wives) and children, as well as the procedure for determining the amount of maintenance in case of non-payment. This section outlines how a wife (or wives) can seek maintenance from the husband and the role of the Arbitration Council in determining the maintenance amount.

Key Components of Section 9

1. Maintenance of Wives (Subsection 1)

   • Obligation of the Husband: A husband is required by law to provide adequate maintenance to his wife or wives. If he fails to do so, the wife or wives have the right to seek legal remedy. If the husband has multiple wives, he is required to provide equitable maintenance to all of them.

   • Application to the Chairman: If a wife believes that she is not being adequately maintained, she may apply to the Chairman of the Arbitration Council. The Chairman's role is to form an Arbitration Council to look into the matter and determine an appropriate maintenance amount.

   • Arbitration Council's Role: The Arbitration Council is a body that is responsible for determining the maintenance amount that the husband must pay. The Council will issue a certificate specifying the amount of maintenance the husband must pay, which can be enforced by law.

   • Legal Remedies: The wife, in addition to seeking maintenance, can pursue other legal remedies available to her, but the Arbitration Council will be the body to adjudicate the maintenance issue specifically.

2. Maintenance of Children (Subsection 1A)

   • Father’s Responsibility: If a father fails to maintain his child, the mother or grandmother of the child may apply to the Chairman to form an Arbitration Council. The Arbitration Council will then determine the amount of maintenance that the father must pay for the child.

   • Children's Maintenance: The child’s maintenance is not limited to the biological mother; even the grandmother can file for maintenance if the father is negligent in fulfilling his obligation.

3. Revision of Maintenance Certificate (Subsection 2)

   • Application for Revision: If a husband or wife is not satisfied with the amount determined by the Arbitration Council, they can apply for revision of the maintenance certificate. This application is made to the Collector, and the Collector’s decision regarding the revision is final and cannot be challenged in any court of law.

   • Process of Revision: The process for applying for a revision of the maintenance amount will be subject to certain rules, including:

     • Prescribed Manner: The application for revision must be submitted in the prescribed format.
     • Prescribed Fee: There is a fee that must be paid along with the application for revision, the amount of which is set by law.

   • Finality of the Decision: Once the Collector has made a decision regarding the revision of the maintenance amount, this decision cannot be contested in any court. It becomes final and binding on both parties.

4. Recovery of Maintenance Amount (Subsection 3)

   • Enforcement: If the maintenance amount (as decided by the Arbitration Council or after revision by the Collector) is not paid on time, it can be recovered as arrears of land revenue. This means that the amount due can be enforced through the same mechanisms that are used to collect taxes or land revenue.

   • Land Revenue Mechanism: This allows the wife (or child, in case of child maintenance) to seek recovery of the unpaid maintenance amount through the same legal process that is used for the collection of land taxes. This could involve garnishing wages or selling property to recover the debt.

5. Transfer of Revision Application (Proviso)

   • Transfer of Application: If there is a valid reason, the Commissioner of a Division may transfer an application for revision from one Collector to another Collector, or to a Director of Local Government or an Additional Commissioner in the same division. This is done for reasons that must be recorded and explained. Such transfers are usually for administrative or logistical reasons, such as workload distribution or the need for a more suitable forum.

Step-by-Step Procedure for the Court or Arbitration Council

1. Filing the Application for Maintenance

   • Where to Apply: The wife (or wives) must first apply to the Chairman of the Arbitration Council for the determination of maintenance.
   • Details of the Application: The application should provide:
     • Personal details of the wife (or wives), husband, and children (if applicable).
     • A clear statement that the husband has failed to provide adequate or equitable maintenance.
     • Any relevant evidence or documentation to substantiate the claim, such as the husband's income, the wife’s needs, or details of the children’s upkeep.

2. Formation of the Arbitration Council

   • The Chairman of the Arbitration Council will then form the Arbitration Council, which consists of members who will review the case.
   • The Arbitration Council may consist of local elders, legal experts, or other appointed individuals, and it will review both parties' submissions and any supporting evidence.

3. Determination of Maintenance

   • The Arbitration Council will determine the appropriate amount of maintenance based on:
     • The financial capacity of the husband.
     • The needs of the wife and children (if applicable).
     • Other relevant factors, such as the wife’s standard of living before the dispute and the economic status of the husband.
   • The Arbitration Council will issue a certificate specifying the amount that the husband must pay.

4. Issuance of the Certificate

   • Once the Arbitration Council has decided on the amount, it will issue a certificate which the wife can use to enforce the maintenance order.
   • This certificate specifies the exact amount of maintenance that the husband is obligated to pay.

5. Application for Revision (If Applicable)

   • If the wife (or husband) is dissatisfied with the maintenance amount, they may apply to the Collector to revise the maintenance amount.
   • The application should include the reasons for seeking a revision, along with supporting documentation.
   • The Collector will review the application and make a final decision. This decision cannot be challenged in a regular court of law.

6. Enforcement of Maintenance Amount

   • If the husband fails to pay the maintenance, the wife can seek recovery through the land revenue recovery process.
   • The amount due will be recovered through similar mechanisms used to recover taxes or land revenue.

7. Transfer of Application (In Special Cases)

   • If necessary, the Commissioner of a Division can transfer the application for revision from one Collector to another or to another appropriate official (such as a Director or Additional Commissioner) for administrative reasons.

Summary of Key Points

• Section 9 of the Muslim Family Laws Ordinance, 1961 provides for maintenance of wives and children.
• If a husband fails to maintain his wife or children, the wife or the child's mother or grandmother can seek relief through the Arbitration Council, which will determine the maintenance amount.
• Applications for revision of the maintenance amount can be made to the Collector.
• If maintenance is not paid, it can be recovered as arrears of land revenue.
• The decisions of the Arbitration Council and the Collector are binding and cannot be contested in courts.

This section provides a formal and structured process to ensure that wives and children receive financial support from the husband/father. It also ensures that the payment of maintenance can be enforced through legal means if the husband fails to comply.