Divorce Certificate In Pakistan :
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 Pakistan 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. 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. Condition contained in Column No. 18 of
Nikahnama during court marriage in Lahore Pakistan is not the object of
marriage contract and is not void.
Muslim Family Laws Ordinance:
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. Family 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.
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