2009 PLP 903 (YLR)
Haji MOIN AHMED — Petitioner Versus NAZIM UNION COUNCIL NO.8 and 2 others — Respondents
| Citation | 2009 PLP 903 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Munib Ahmad Khan and Farrukh Zia G. Shaikh, JJ |
| Parties | Haji MOIN AHMED — Petitioner Versus NAZIM UNION COUNCIL NO.8 and 2 others — Respondents |
| Primary Law | West Pakistan Rules under the Muslim Family Laws Ordinance, 1961 |
Q1: What are the key laws and sections cited in 2009 PLP 903 (YLR)?
This judgment primarily cites: West Pakistan Rules under the Muslim Family Laws Ordinance, 1961 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 903 (YLR)?
The case was heard and decided by the Karachi bench comprising: Munib Ahmad Khan and Farrukh Zia G. Shaikh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 903 (YLR) (Haji MOIN AHMED — Petitioner Versus NAZIM UNION COUNCIL NO.8 and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sathi M. Ishaque for Petitioner.
- Salahuddin for Respondents Nos.1 and 2.
- On the other hand, Mr. Salahuddin, learned counsel appearing for respondents Nos.1 and 2 and Mr. Manzoor Ahmed, learned counsel for CDGK submit that there were certain complaints from the public and government officials against the petitioner and that according to the requirement of registration of Nikah, the Registrar is required to submit the particulars in detail regularly to the concerned authorities which he has recited to the bridegrooms and brides but despite several reminders by the respondents, the petitioner failed to submit any detail of various Nikahs since 2003. Mr. Salahuddin, learned counsel for respondent Nos.1 & 2 submits that the Union Council being custodian of Nikahnamas is duty bound under the law to keep the entire record as the same may be required at any time in the country as well as by the foreign countries. He submits that the concerned Union Council revoked the licence of the petitioner by passing resolution on 22-10-2003, which is annexed as Annexure "D" to the comments of respondents Nos.1 and 2.
Headnotes / Summary
R. 7
Constitution of Pakistan (1973), Art.199
Constitutional petition
Cancellation of registration as "Nikah Registrar "
Petitioner had challenged cancellation of his registration as "Nikah Registrar", alleging that cancellation order had been passed by the Authority without any rhyme or reason as no material was available on record to justify said cancellation
Submission of Authority was that there were certain complaints against the petitioner from the public and government officials; and that according to the requirement of registration of Nikah, the Registrar (petitioner) was required to submit the particulars in detail regularly to the concerned authorities which he had recited to the bridegrooms and brides, but despite several reminders by the Authority, the petitioner had failed to submit any detail of various Nikahs since 2003
Stand taken by the counsel far submission or non-submission of the record, could be resolved by giving directions that petitioner, would submit the entire record of 2001 upto the date of cancellation of licence and besides would also apply for renewal of Nikah Registration Certificate, while the Authority, would consider the same on the strength of record available and would see that its action should be based not only on the allegations or complaints, but there should be material proof in respect thereof
Such exercise was to be done within specified period
Constitutional petition was disposed of accordingly. Manzoor Ahmed for CDGK.
Judgment & Decree
Through this constitutional petition, the petitioner has challenged the cancellation of his registration as "Nikah Registrar" of Union Council No.8, Saddar Town, Karachi. Mr. Sathi M. Ishaque, learned counsel appearing for the petitioner submits that cancellation order has been passed by the respondent No.1 without any reason and rhyme as there is no material available on record to justify that cancellation. He further submits that there were some allegations in the past but none had been proved against the petitioner and even then his registration has been cancelled. On the other hand, Mr. Salahuddin, learned counsel appearing for respondents Nos.1 and 2 and Mr. Manzoor Ahmed, learned counsel for CDGK submit that there were certain complaints from the public and government officials against the petitioner and that according to the requirement of registration of Nikah, the Registrar is required to submit the particulars in detail regularly to the concerned authorities which he has recited to the bridegrooms and brides but despite several reminders by the respondents, the petitioner failed to submit any detail of various Nikahs since 2003. Mr. Salahuddin, learned counsel for respondent Nos.1 & 2 submits that the Union Council being custodian of Nikahnamas is duty bound under the law to keep the entire record as the same may be required at any time in the country as well as by the foreign countries. He submits that the concerned Union Council revoked the licence of the petitioner by passing resolution on 22-10-2003, which is annexed as Annexure "D" to the comments of respondents Nos.1 and
2. After hearing the arguments of learned counsel for the parties and perusing the material available on record, we have observed that stand taken by both the learned counsel for submission or non-submission of the record can be solved with the directions that the petitioner will submit the entire record of 2001 upto the date of cancellation of licence and besides will also apply for renewal of Nikah Registration Certificate while the respondent. Union Council, will consider the same on the strength of record available and will see that its action should be based not only on the allegations or complaints but there should be material proof. This exercise is to be done preferably within a period of one month. With the above observations, the petition stands disposed of. H.B.T./M-28/K Order accordingly.