Get Pakistani Divorce Paer With Advocate Nazia


Divorce Certificate In Pakistan:

Court should construe S. 7 with adaptations in order to make S. 7 applicable n conformity which Constitution and enforce it so as to bring provisions of S. 7 in accordance with Injunctions of Islam as laid down in Holy Qur'an and Sunnah as provided in Art, 2A of Constitution, High Court in present case on invocation of its jurisdiction under Art. 199 refusing to recognize S. 7 to the effect that receipt of husband's notice of divorce in Pakistan by Chairman and expiry of 90 days from date thereof had ipso facto made divorce effective as this provision of S. 7 was in derogation of provisions of Holy Quran and Sunnah relating to divorce in Pakistan. And ultimately divorce certificate in Pakistan  Pakistani Divorce Paper is issued
                                                                                          

Protection of provisions of Ordinance by Art

Protection of provisions of Ordinance by Art. 8(3)(b) from application of Art. 8 does not extend to making it immure to challenge on touchstone of Objectives Resolution (except clause 6 thereof relating to fundamental rights) which is made substantive part of Constitution by Art 2A. Any provision of Ordinance can be challenged to extent that it comes into conflict with preamble of Constitution incorporating Objectives Resolution (except clause 6 thereto) read with Art. 2A in case of divorce in Pakistan and ultimately Nadra divorce certificate in Pakistan and nadra divorce certificate from union council is issued in the cases of divorce in Pakistan.

Leave to appeal in case of divorce in Pakistan was granted:.

Petitioner divorcing his wile and sending notice of divorce in Pakistan to her and Chairman of Union Council. Respondent (wile) meanwhile moving application before Arbitration Council for grant of maintenance and petitioner in response to notice sent to him by Chairman Arbitration Council replying that since he had already divorced the respondent, he was not liable to pay maintenance to her. Petitioner not having participated in proceedings, Chairman holding ex parte proceedings ordered him to pay maintenance to respondent. Suit for declaration that orders of Chairman and Collector were illegal, without jurisdiction and void ultimately filed by petitioner was dismissed by Trial Court District Judge on appeal confirmed.



Taking view that Civil Courts were not competent to entertain suit of petitioner as the controversy therein fell within exclusive jurisdiction of Family Court. Leave to appeal granted to examine contentions that the High Court in taking said view which was in conflict with its earlier decisions and that failure of petitioner to appear before Arbitration Council could not in Circumstances of case be taken as a revocation of divorce in Pakistan and issuance of Nadra divorce certificate in Pakistan. Oral divorce in Pakistan and failure to send notice to Chairman, Union Council would not become ineffective in Islam, where husband having divorced his wife orally had failed to send notice to Chairman, Union Council concerned relating to such divorce in Pakistan. Object and intention of Legislature is to give a final opportunity to the parties for reconciliation after divorce has taken within period of lddat. Divorce in Pakistan pronounced and communicated to each other notwithstanding whether any party appears before the Arbitration Council or not ipso facto becomes effective after the expiry of ninety days unless revoked earlier by husband or wife exercising the delegated powers of divorce. Whether divorce, after expiry of ninety days from date of receipt of notice of talaq by Chairman, Union Council, becomes effective? Whether Chairman is vested with authority to suspend its operation and annual divorce in Pakistan and can the union council issue divorce certificate in Pakistan?

Delegation of right of divorce to wife was valid and wife can issue Nadra divorce certificate on such delegation. Exercise of such right by wife was valid.  Cognizance by Chairman to issue Nadra divorce certificate in Pakistan was also valid.  Husband being Muslim was governed by his own personal law in matter of divorce in Pakistan. Christian wife exercising her right of divorce delegated to her by Muslim husband had sent notice of divorce in Pakistan. Refusal of Chairman Union Council to take cognizance of said notice, held, was illegal and without lawful authority. Case remanded to Chairman for proceeding according to law and issue divorce certificate in Pakistan and nadra divorce certificate in Pakistan.


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