Legal Nadra Divorce Certificate In Pakistan
Nadra Divorce Certificate In Pakistan:
To make a Talaq effective:
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by the husband but the same was withdrawn on 17-09- 1997.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:
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. 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:
Issuance of Nadra
divorce certificate in Pakistan and Pakistani divorce paper by Chairman
on basis of such unverified Talaq salsa. 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
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