Image

Section 7 of Ordinance

Notice to Chairman for issuance of Nadra divorce certificate in Pakistan. Leave to appeal was granted to examine whether, factual controversy having been raised before the High Court, respondent's Constitutional petition Could have been allowed; also if need be to examine whether in the circumstances admitted and established in examine divorced before filing of the maintenance application; on the case, it could at all be held that the appellant stood that in case of a negative answer, respondent would have to send a fresh notice for issuance of Nadra divorce certificate in Pakistan and to conduct procedure of divorce in Pakistan . Contention that no notice been given. Talaq had not become effective until Nadra divorce certificate in Pakistan is issued. Held, that it has no force. As where a Family Court asses decree for the dissolution of a marriage solemnized under the Muslim Law the Court to send by registered post within seven days of passing such decree of procedure of khula in Pakistan a certified copy of the same to the appropriate Chairman referred to in Section 7 of Muslim Family Laws Ordinance, 1961. Upon receipt of such copy, the Chairman shall proceed as if he had received intimation of procedure of divorce in Pakistan. It is an intimation given in Section 7 of Ordinance.

Muslim Family Laws Ordinance, 1961

Respondent No. 2 giving the address of the office of her advocate in the title of the suit was upheld. Suit for procedure of Divorce in Pakistan was tried. Petitioner seeking rejection of the suit on this score that correct address by the respondent No. 2 not given as required under sub-rule 2(c) of Rule 4 of Rules, 1965. It was held that Rule 4(1) provides that in case where family suit is filed by a female it can also be filed on her behalf by her agent.  Nadra divorce certificate in Pakistan-Cancellation of said certificate. Petitioner divorced his wife and ninety days period after the pronouncement/sending of notice to the Chairman Arbitration Council having elapsed. Chairman Arbitration Council, Union Council concerned issued a Nadra divorce certificate in Pakistan as required under S. 7 of the Muslim Family Laws Ordinance, 1961. After more than two years of effectiveness of Talaq, Naib Nazim Union Council cancelled certificate of effectiveness of Talaq. Petitioner had challenged cancellation of Nadra divorce certificate in Pakistan contending that Naib Nazim Union Council had no authority to revoke the earlier certificate of effectiveness of Talaq. On Court Notice, Nazim of Union Council concerned appeared in Court along with relevant record and apprised the Court that Naib Nazim who had cancelled Nadra divorce certificate in Pakistan had died and that he did not own the documents allegedly having been issued by deceased Naib Nazim.

Certificate of Talaq and divorce :

Petition was disposed of with the observation that as no record was available with the Union Council regarding certificate canceling effectiveness of Talaq, it appeared that it had been manipulated. Even otherwise after a lapse of more than two years, Naib Nazim Union Council had no authority to revoke the certificate of Talaq.  Nadra divorce certificate in Pakistan by the Chairman, Arbitration Council had been issued in a mechanical way, without noticing that husband had already divorced her on 15-03-2007. Application by a divorced wife for grant of maintenance for herself and minors to Chairman, Arbitration Council was upheld. Certificate by the Chairman, Arbitration Council had been issued in a mechanical way, without noticing that husband had already divorced her on 15-03-2007. Tenor of the Certificate issued displayed that divorced wife was granted maintenance from 01-05-1999 onwards without its point of culmination, which could not be awarded to divorced wife after the procedure of divorce in Pakistan. Order of High Court upholding such certificate was set aside by Supreme Court.Certificate of Talaq issued on 16-06-1973 by Arbitration Council directed plaintiff to pay maintenance of $ 3,000 to defendant for lddat period. Revision petition against such certificate/orders filed in year 1986 was dismissed by Collector on 24-05-1988 as barred by time. Suit of declaration filed on 20-06-1989 challenging orders, dated 16-06-1973 and 24-05-1988. Plaintiff had moved revision petition before Collector after 13 years. Orders of Arbitration Council and Collector were not void. Suit was dismissed as barred by time. Spouses belonged to "Shia" sect. Husband gave notice of "Talaq' to Chairman Arbitration Council to proceed with the procedure of divorce in Pakistan, who issued notice to the petitioner. Father of petitioner as her attorney received notice.

Procedure of divorce in Pakistan

Chairman Arbitration Council issued certificate of effectiveness of divorce. Chairman had no jurisdiction to issue a certificate declaring effectiveness or otherwise of divorce. Valid procedure of divorce in Pakistan could take effect only upon the fulfillment of condition laid down in S. 7 of the Muslim Family Laws Ordinance. Marriage tie between the parties having ended in divorce, petitioner, who was abroad sent first divorce notice to the wife, duly attested by Consular, Embassy of Pakistan copy of which was sent to Chairman Union Council. Second and third notices were also sent and petitioner also appointed his attorney as his representative in conciliation proceedings. Conciliation proceedings were conducted, but on their failure, certificate of effectiveness of divorce, were not issued by Chairman Union Council on the ground that divorce deed received by him was doubtful and had not been sent through the Embassy. Original divorce deed placed on record had been attested by Consular, Embassy of Pakistan. Special Power of Attorney in favor of attorney of petitioner was also attested by Consular, Embassy of Pakistan. Said documents had negated stand of Chairman Union Council and he had committed illegality floating on the surface of record in holding that document of Divorce and Power of Attorney were not attested by the Embassy. Constitutional petition was allowed and order passed by Chairman Union Council was set aside, with the result that proceedings of conciliation would be deemed to be pending before the Chairman, who would decide same afresh within specified time. Nadra divorce certificate in Pakistan issued by Chairman in absence of evidence on record.

Certificate about divorce

Certificate about divorce by Talaq issued by Chairman in absence of evidence on record to prove pronouncement of Talaq by husband during procedure of divorce in Pakistan would be ineffective qua inheritance rights of wife after death of husband. Defendant filed suit of procedure of divorce in Pakistan on the ground of deep hatred for defendant who was not only involved in personal scandals but also had a criminal record. Family Court decreed the suit of procedure of divorce in Pakistan in favor of wife on the basis of Khula subject to return of gold ornaments and Rs.1000/- received by her from defendant as dower at the time of marriage. Judgment and decree passed by Family Court was modified to the extent that condition of return of dower had been dispensed with. Plaintiff was a virgin lady less than 20 years old and she was lured into marriage by defendant even though he had contracted two marriages earlier. Plaintiff admitted that she had developed aversion to him but offered no explanation for such aversion procedure of Divorce in Pakistan was upheld.