Legal Nadra Divorce Certificate In Pakistan

 Nadra Divorce Certificate In Pakistan :

 Talaq ipso facto become effective on expiry of 90days of receipt of notice when Nadra divorce certificate in Pakistan  is issued. Chairman, Union Council has no authority or jurisdiction to adjudicate upon validity of Talaq notice and just issue Nadra divorce certificate in Pakistan. He cannot assume role of Family Court and start procedure of khula in Pakistan and arrogate to himself power to determine whether or not Talaq pronounced was valid. The supply of copy to the wife is a necessary part of the requirement of service of notice to the Chairman. Similarly the provision as to the notice to the Chairman following pronouncement of Talaq is a mandatory requirement so that Nadra divorce certificate in Pakistan and Pakistani Divorce Paper be issued. Where the wife herself admits that she had been divorced by the husband the date of effectiveness of the divorce would be on the basis of the admission of the wife .To make a Talaq effective, it is necessary that it should be routed through the procedure contemplated by section 7 of the Ordinance if not, it does not become effective. Wife, an American national, had assailed the notice of Talaq issued by Chairman, Arbitration Council directing her to appear before him to face proceedings initiated against her through notice sent to him by her husband who was also an American national with whom she had entered into a marriage in America. Parties being American as both had American Passports and their marriage was also contracted in America would be covered by law of America where their marriage was contracted and all disputes arising there from including of procedure of divorce in Pakistan would be covered by law of America.

 Chairman, Arbitration Council in Pakistan had no jurisdiction to entertain the notice sent to him by the husband of the petitioner, regarding procedure of divorce in Pakistan which he had pronounced on the petitioner, Any proceedings conducted by Chairman, Arbitration Council on the notice sent to him by the husband of petitioner was declared to be without lawful authority and of no legal effect by the High Court. Such notice was given to the Chairman, Arbitration Council on 31-07-1997 by the husband but the same was withdrawn on 17-09- 1997. Contention by wife was that the procedure of divorce in Pakistan had become effective. Husband assailed the notice of Talaq in a declaratory suit on the grounds of undue influence, fraud, misrepresentation and coercion. While the suit was pending before a Court of competent jurisdiction, Constitutional petition was filed. Court could take notice of subsequent events even in procedure of khula in Pakistan.

Adjudication Of Divorce Deed :

 Where the matter was pending adjudication before the Competent Court for adjudication of divorce deed, question regarding the validity of the deed would be determined by the Court. Wife would be well within her rights to rebut the assertions of the husband by filing written statement in the suit or to file independent suit. High Court refused to give any finding about the contention of the parties, lest the case of either party dismissed. Talaq e salsa sent to wife along with notice to Chairman. Talaq salsa sent to wife along with notice too Chairman, Arbitration Council from abroad not attested by Pakistan Embassy. Appearance of husband's attorney in arbitration proceedings on basis of Special Power of Attorney attested by Pakistan Embassy in such country was valid. Issuance of Nadra divorce certificate in Pakistan by Chairman on basis of such unverified Talaq salsa.

Muslim Family Laws Ordinance

 Provision of S. 7 of Muslim Family Laws Ordinance, 1961 being mandatory for having pronouncement of Talaq could be in any form, but its notice in a fore might be prejudiced. Constitutional petition contravention, it’s for penalty provided to the Chairman must be in writing and copy thereof must be supplied to wife. Muslim Family Laws Ordinance, 1961 had not excluded application of Qanun-e-Shahadat, 1984 to notice under S. 7(1) of the Ordinance. Such notice had to comply with requirements of Article 79 of Qanun-eShahadat, 1984. Chairman even after expiry of 90 days had not received notice of Talaq duly verified by Pakistan Embassy. Such Special Power of Attorney containing fuctum of divorce authorizing attorney to appear in arbitration proceedings initiated on basis of such notice neither would constitute notice under S. 7(1) of the Ordinance nor could improve such invalid notice. Talaq without notice under S. 7(1) of the Ordinance would be defective. Impugned Nadra divorce certificate in Pakistan  and Nadra Divorce Certificate From Union Council had no legal effect. High Court set aside impugned Certificate while observing that husband could issue fresh notice in writing under S. 7(1) of the Ordinance with copy to wife, and that the Chairman after duly verifying such notice could proceed further.

Pronouncement of Talaq could be in any form, but its notice to Chairman must be in writing and copy thereof must be supplied to wife. Such notice, if sent from abroad, must comply with requirements of Article 79 of Qanun-e Shahadat, 1984 as application thereof to such notice had not been excluded by Muslim Family Laws Ordinance, 1961. Talaq without such notice would be defective. Such non-service being a mere irregularity would not affect validity of a Talaq validly pronounced and communicated. Acknowledgement due receipt showing dispatch of Talaqnama by husband to Chairman, Union Council through registered cover with acknowledgement due bearing signatures of Chairman. Husband was required to send notice of divorce to Arbitration Council. Husband was required to send notice of divorce to Arbitration Council under Muslim Family Laws Ordinance, 1961 and also to send copy of such notice to wife by registered post. No such proceedings having been ever conducted, oral allegation of Talaq would neither be effective nor valid and binding on wife, who was legally entitled to past maintenance.  Chairman-During the pendency of appeal-The husband asserted that the divorce was not effective.

Husband divorced his wife and sent a notice to Chairman Arbitration Council. Proceedings were initiated on the notice and resultantly Nadra divorce certificate in Pakistan was issued by the Chairman. During the pendency of appeal against judgment and decree passed against the husband in the suit for maintenance filed by the wife, the husband asserted that the divorce was not effective. If the husband was aggrieved by any action of the Chairman Arbitration Council, he could have earlier challenged the same or refused to obey his directions but the husband had duly complied with the directions passed by the Chairman, issued notice of procedure of divorce in Pakistan and did not challenge the omission on Effectiveness certificate was issued by the on any action earlier. Husband was stopped by his Conduct. Omission on action taken on the procedure of divorce in Pakistan at the time when maintenance decree was passed against the hand and appeal against the same was pending husband and adjudication before the Appellate Court, the Constitutional petition suffered from latches as it was an afterthought after the maintenance decree had been passed by the competent circumstances.