2010 PLP 989 (MLD)
Syeda WAJIHA HARIS — Petitioner Versus CHAIRMAN, UNION COUNCIL NO.7, LAHORE — Respondent
| Citation | 2010 PLP 989 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Syeda WAJIHA HARIS — Petitioner Versus CHAIRMAN, UNION COUNCIL NO.7, LAHORE — Respondent |
| Primary Law | Muslim Family Laws Ordinance (VII of 1961) |
Q1: What are the key laws and sections cited in 2010 PLP 989 (MLD)?
This judgment primarily cites: Muslim Family Laws Ordinance (VII of 1961) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 989 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 989 (MLD) (Syeda WAJIHA HARIS — Petitioner Versus CHAIRMAN, UNION COUNCIL NO.7, LAHORE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Taffazul H. Rizvi for Petitioner.
- Saqib Majeed and Muhammad Nouman Shams Qazi for Respondents No.2.
- UMAR ATA BANDIAL, J.---This petition is directed against notice received by the petitioner from respondent No.1, Chairman U.C. informing her about the notice of divorce served by respondent No.2, husband of the petitioner and offering reconciliation proceedings under the Muslim Family Law Ordinance, 1961. ("Ordinance"). Both the petitioner and respondent No.2 are residing in Romania. Learned counsel for the petitioner submits that "S.R.O. No.1086(K)/61, dated 8-11-1961 empowers Ministry of Foreign Affairs to appoint officers of Pakistan Mission abroad to discharge functions of Chairman under the aforesaid Ordinance". Learned counsel for respondent No.2 submits that the respondent No.2 has written to the Pakistanis Mission in Bucharest Romania informing them about the divorce pronounced by him. It is obvious that for foreign resident Pakistani the law has created a remedy and forum for reconciliation between the spouses under the Ordinance in the Pakistan missions in the countries of their residence. In the first instance, the respondent No.2 should avail that remedy. In case such remedy is not available then any other competent forum may be approached by him for relief.
Headnotes / Summary
S. 7
Constitution of Pakistan (1973), Art.199
Constitutional petition
Reconciliation between the spouses
Petition was directed against notice received by the petitioner/wife from Chairman Union Council informing her about the notice of divorce served by husband and offering reconciliation proceedings under the Muslim Family Laws Ordinance, 1961
Both the petitioner/ wife and husband were residing abroad and for foreign resident Pakistanis, the law had created a remedy and forum for reconciliation between the spouses under Muslim Family Laws Ordinance, 1961 in the Pakistan Mission in the countries of their residence
Husband should avail that remedy and in case such remedy was not available, then any other competent forum could be approached for relief
High Court directed that husband should approach the Pakistan Mission in the country (abroad) to register the divorce pronounced by him upon the wife and for reconciliation proceedings visualized under Muslim Family Laws Ordinance, 1961 to be undertaken there
Proceedings before Chairman Union Council, in circumstances, were declared to be incompetent.
Judgment & Decree
UMAR ATA BANDIAL, J.
This petition is directed against notice received by the petitioner from respondent No.1, Chairman U.C. informing her about the notice of divorce served by respondent No.2, husband of the petitioner and offering reconciliation proceedings under the Muslim Family Law Ordinance, 1961. ("Ordinance"). Both the petitioner and respondent No.2 are residing in Romania. Learned counsel for the petitioner submits that "S.R.O. No.1086(K)/61, dated 8-11-1961 empowers Ministry of Foreign Affairs to appoint officers of Pakistan Mission abroad to discharge functions of Chairman under the aforesaid Ordinance". Learned counsel for respondent No.2 submits that the respondent No.2 has written to the Pakistanis Mission in Bucharest Romania informing them about the divorce pronounced by him. It is obvious that for foreign resident Pakistani the law has created a remedy and forum for reconciliation between the spouses under the Ordinance in the Pakistan missions in the countries of their residence. In the first instance, the respondent No.2 should avail that remedy. In case such remedy is not available then any other competent forum may be approached by him for relief.
2. Accordingly, it is directed that the respondent No.2 shall approach the Pakistan Mission in Romania to register the divorce pronounced by him upon the petitioner and for reconciliation proceedings visualized under the Ordinance to be undertaken there. As a consequence the proceedings before the respondent No.1 are declared to be incompe tent and therefore illegal. Writ petition is accordingly allowed. H.B.T./W-7/L Petition allowed.