Get Valid Nadra Divorce Certificate From Union Council
Nadra Divorce Certificate In Pakistan:
Provisions of Ss. 7, 8 as to Nadra divorce certificate
in Pakistan would continue in force notwithstanding judgment of Federal Shariat
Court to the contrary unless and until the Supreme Court passes a, judgment
over judgment of Federal Sharriat Court. Till the judgment of Supreme Court, įt
would be wrong to contend that S. 7 providing for Nadra
divorce certificate in Pakistan and
nadra divorce certificate from union council on receipt of notice by
Chairman against Injunctions of Quran' an and Sunnah as declared by Federal
Shariat Court in its judgment. Talaq takes effect from date of its
pronouncement by husband and not from date of notice of Talaq to Chairman as it
may well be that husband may not give notice to chairman. Intention to keep
Wife in suspended animation and cause her torture by keeping her bound. This
would certainly be a cruelty to wife and such a situation of uncertainty
entailing peril to wife should not be allowed to continue for the divorce
procedure in Pakistan
Sections7 & 8 of the Ordinance is valid:
Fixation of period of 90 days of lddat in all cases
abridges right of women as bestowed upon them by Holy Quran and, therefore,
does not merit to be retained in its present form. Sections7 & 8 of the
Ordinance is valid. Intention of Legislature in codifying S. 7 of the Ordinance
was to abolish talaq-e-bidat and legislate Islamic provisions pertaining to two
forms of Talaq-us-Sunnat Talaq e Ahsan and Talaq Hasan as for as may be Assemblies
have not succeeding in modifying the existing laws. After expiry of 90 days the
divorce procedure in Pakistan completes and Nadra divorce certificate in Pakistan
and Pakistani divorce paper should be issued.
No notice under provisions of S. 7 of the Muslim Family Laws Ordinance was
served:
Constitution read with At 268(7), adaptations could be
construed therein meanings to Ss. 7 & 8 of the Ordinance and brooking the
objectives of law on account of any technicalities and procedural flaws in the
legislation. Necessity of amending the law desired accordingly. Compromise
between parties to marriage that divorce between them would be effective from
specified date, No notice under provisions of S. 7 of the Muslim Family Laws
Ordinance was served. Marriage between parties whether still subsisted on
account of contravention of provisions of S. 7 of Ordinance VIII of 1961 and
wile whether entitled to the decree for maintenance up to the decision of the
case during divorce procedure in Pakistan.
Wife. in order to seek redress in respect of -payment of maintenance and
-payment of prompt dower, had entered into compromise with her husband by
mutual consent received specified amount and some gold giving acknowledgement
to the effect that marital tie between the parties-had come to an end and she
would have no future claim whatsoever. Both the parties having contracted out
of the provisions of S. 7 of the Ordinance VIll of 1961 agreed not to have
recourse to arbitration proceedings under provisions of the Ordinance before
the Chairman. Union Council thus waived the compulsory proceedings aimed at
restoring the marriage. Wife thus cannot claim the benefit of S. 7 of the
Ordinance. 1961. for the purpose of claiming maintenance after divorce
procedure in Pakistan specially when Nadra divorce certificate in Pakistan and Pakistani
divorce paper is issued.
Whether court marriage in Pakistan is still subsisting
and petitioner entitled to maintenance Question of petitioner herself had filed
a complaint before Martial Law Authorities wherein both parties entered into
compromise by mutual consent and petitioner accepted benefit under compromise
and gave acknowledgement that marital tie between parties had come to an
end divorce procedure in Pakistan after
and she would have no future claim. It was held that petitioner cannot claim
benefit of Section 7 of Ordinance 1961 claiming maintenance. Petit dismissed.
Period of lddat is to commence from the date of pronouncement of divorce in
Pakistan and not from the day of delivery of notice to Chainman as Talaq takes
effect from date of pronouncement of talaq by husband and ultimately Nadra
divorce certificate in Pakistan is issued.
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