Ninety days prescribed period having expired after receipt of notice issued by wife and re- conciliation being not possible between the parties, law as prescribed in Ss. 7(3)& 8 of Muslim Family Laws Ordinance, 1961 would have its course and Nadra divorce certificate in Pakista, Divorce certificate from union council should be issued. Nazim would issue requisite document regarding receipt of notice and failure of re-conciliation within prescribed time and issue Nadra divorce certificate in Pakistan, Pakistani divorce paper . Restriction on the right of husband to divorce wife cannot be made. Object of contract of marriage (Nikah) is the procreation and legalizing of children which is lawful object. Agreements in restraint of marriage, legal proceedings or meaning whereof is not certain, are void under Ss. 26, 28 & 29 of Contract Act, 1872. Provisions of Contract Act, 1872, relate to agreements and do not apply to a condition or stipulation which the agreements may contain.
contained in Column No. 18 of Nikahnama during court marriage in Lahore Pakistan is not the object of marriage contract and is not void.Restriction imposed on husband's right of divorce. Form of Nikahnama is prescribed under Muslim Family Laws Ordinance, 1961, and is therefore, indicative of the fact that the relevant law treats th0se columns as lawful. Column No. 19 of Nikahnama, relating to any restriction imposed on husband's right of divorce with a View to safeguard interest of wife cannot be deemed as unlawful. Whether Column No. 18 instead of Column No. 19 of Nikahnama after court has no significance in court marriage in Lahore Pakistan was checked by the court.
Condition/restriction has been mentioned in column 18 instead of column 19 of nikahnama has no significance. Escaping the liability of damages as mentioned in Column No. 19 of Nikahnama-Right of divorce was exercised by husband divorced without just and reasonable cause therefore; she had claimed damages as were mentioned in Column No. 18 of Nikahnama.
Family Court dismissed the suit but Appellate Court allowed the appeal and the suit was decreed in favor of the wife. Right of divorce was just to escape the liability of damages, husband was obliged to show reasonable and just cause for exercising that right.
Nothing was produced on record by husband to prove that he had divorced his wife on account of some just and reasonable cause. Appellate Court had rightly held the husband liable under the condition contained in Column No. 18 of Nikahnama. Revisional jurisdiction was directed against assumption of jurisdiction and not against conclusion of fact or law, not involving question of jurisdiction. Judgment passed by Appellate Court was reasonable; conclusions drawn were based on evidence and were supported by plausible jurisdictional infirmity. High Court in exercise of revisional jurisdiction declined to interfere with the judgment passed by Appellate Court in favor of the wife. Revision was dismissed in limine. Instrument of Nikah should be clear.
Court was competent to examine as to whether instrument of Nikah after having court marriage in Lahore Pakistan was having been executed in favor of petitioner was under duress or coercion. No such circumstances having been pointed out, interference was not warranted in exercise of Constitutional jurisdiction. Advocate Nazia know that how to get nadra divorce certificate in Pakistan.