Talaq

2019-10-10

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2019 PLD 285 LAHORE-HIGH-COURT-LAHORE
 Ms. SADAF MUNIR KHAN
 Versus

CHAIRMAN, RECONCILIATION COMMITTEE

S. 7—Rules under the Muslim Family Laws Ordinance, 1961, R.3(b)—Notification/S.R.O. No.1086(K)/61, dated 09.11.1961—Divorce certificate , issuance of—Territorial jurisdiction of Chairman, Reconciliation Committee—Scope—Wife not residing in Pakistan at the time of pronouncement of ‘talaq ‘—Under R.3(b) of the Rules under the Muslim Family Laws Ordinance, 1961 (‘the Rules’) the basic factor which determined the jurisdiction of the Union Council and/or the Chairman for entertaining and proceeding on a notice of divorce (talaq ) under subsection (1) of S.7 of the Muslim Family Laws Ordinance, 1961 (`the Ordinance’) was the place where the wife was residing at the time of pronouncement of divorce (talaq )—Union Council and/or the Chairman, which would have jurisdiction in the matter would be the Union Council and/or the Chairman within whose territorial jurisdiction the wife was residing at the time of pronouncement of divorce (talaq )—At the time the husband, in the present case, was alleged to have pronounced divorce (talaq ) upon the wife, both of them were permanently residing in a foreign country (United States of America), however, the husband was stationed in another foreign country (Germany) due to his job—In such circumstances the Chairman, Reconciliation Committee (based in Pakistan) did not have jurisdiction in the matter and erred in issuing the impugned Divorce certificate —Since the husband and the wife were nationals of Pakistan and a foreign country (USA) and were permanently residing in said foreign country at the relevant time, therefore, the husband should have approached the authorized officer of the concerned Pakistan mission in the foreign country under S.7 of the Ordinance—Divorce certificate issued by the Chairman, Reconciliation Committee (based in Pakistan) was held to be of no legal effect and was accordingly set-aside—Constitutional petition was allowed in circumstances.

 

 2016 MLD 1061 LAHORE-HIGH-COURT-LAHORE
 Mst. SANA ASIM HAFEEZ
 Versus 

ADMINISTRATOR/CHAIRMAN, ARBITRATION AND CONCILIATION COURT

S.5—divorce —Spouses residing outside Pakistan having dual nationality—Certificate of effectiveness of divorce , issuance of—Scope—Contention of wife was that she was not served with notice of divorce in UK through Pakistan Commission and Chairman Union Council was not competent to issue certificate of divorce —Validity—Both the spouses were holding dual nationality and were residing in UK at the time of execution of divorce deed—divorce deed was completed in UK and husband appointed his arbitrator through a special power-of-attorney sent from abroad —Secretary Union Council served notice to the wife through her father when she was residing in UK at the same time—Wife was never served with any notice at her address in UK—Husband had remedy of approaching the Pakistan Mission in UK for reconciliation or effectiveness of divorce deed—Husband had submitted himself to the jurisdiction of Family Division of High Court of Justice, London, UK and said court had assumed jurisdiction in the matter—Proceedings in family matters were to be instituted where the children or wife were ordinarily residing—Both the parties were permanent residents of UK and Arbitration Council in Pakistan had no jurisdiction to proceed in the matter—Proceedings initiated against the wife were in violation of law and rules and were based on mala fide of public functionaries—High Court in constitutional jurisdiction had power to grant relief to the aggrieved party when statutory functionary had acted mala fide or in a partial, unjust and oppressive manner—Impugned divorce certificate was declared to be null, void and of no legal effect—Constitutional petition was accepted in circumstances.