2006 PLP 1544 (CLC)
Syed MUSA RAZA RIZVI through Special Attorney — Petitioner Versus Mst. SYEDA FARKHANDA JABEEN RIZVI and another — Respondents
| Citation | 2006 PLP 1544 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Syed MUSA RAZA RIZVI through Special Attorney — Petitioner Versus Mst. SYEDA FARKHANDA JABEEN RIZVI and another — Respondents |
| Primary Law | Muslim Family Laws Ordinance (VIII of 1961) |
Q1: What are the key laws and sections cited in 2006 PLP 1544 (CLC)?
This judgment primarily cites: Muslim Family Laws Ordinance (VIII of 1961) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1544 (CLC)?
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: 2006 PLP 1544 (CLC) (Syed MUSA RAZA RIZVI through Special Attorney — Petitioner Versus Mst. SYEDA FARKHANDA JABEEN RIZVI and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Sarfraz-ul-Hassan for Petitioner.
- Ch. Muhammad Suleman, Addl. A.-G. for Respondents.
- SARDAR MUHAMMAD ASLAM, J.---The petitioner was married with respondent No.1 on 21-9-1994. The marriage tie ended in diyorce. First notice of divorce, dated 22-10-2003 was sent to respondent No.2. It was attested by Consular, Embassy of Pakistan in (Rome) Italy. A copy was also sent to respondent No.1. Similarly second and 3rd notices were sent on 1-12-2003 and 29-12-2003, respectively. Respondent No.2 issued notices to the parties for appointing their representatives in conciliation proceedings. The petitioner appointed Shahzada Arshad Baig as his representative vide letter, dated 27-2-2004. Conciliation proceedings were conducted and on their failure the certificate of effectiveness of divorce was not issued. Through this constitution petition a direction has been sought for respondent No.2 to issue a certificate of effectiveness of divorce. Notices were issued to respondent No.1, who entered appearance through her learned counsel while respondent No.2 submitted his Report and Parawise comments. In parawise comments the stand taken by respondent No.2 is that the divorce deed received by him is doubtful and has not been sent through Embassy. His decision was backed by opinion of Executive District Officer (Law), Gujranwala.
- 3. On examination of the record produced by respondent No.2, I find the original divorce deed placed on record has been attested by Consular Embassy of Pakistan (Rome) Italy. Special power of attorney in the name of Shahzada Arshad Baig, also attested by the Consular Embassy of Pakistan (Rome) Italy is available on the file, which authorizes him to deal with the matter regarding divorce and grant of certificate for effectiveness of Talaq. These documents negate the stand of respondent No.2. The, learned counsel for respondent No.1 urged that refusal has already been made hence, the said order may be challenged independently. I do not find force in the arguments of the learned counsel for respondent No.1 as respondent No.2 has committed the illegality floating on the surface of record in holding that the document of Talaq and power of attorney are not attested by Embassy of Pakistan (Rome) Italy. This petition is bound to succeed.
Headnotes / Summary
S. 7
Constitution of Pakistan (1973), Art.199
Constitutional petition
Not issuing of certificate of effectiveness of divorce
Marriage tie between the parties having. ended in divorce, petitioner, who was abroad sent first divorce notice to the wife, duly attested by Consular, Embassy of Pakistan copy of which was sent to Chairman Union Council
Second and third notice were also sent and petitioner also appointed his attorney as his representative in conciliation proceedings
Conciliation proceedings were conducted, but on their failure, certificate of effectiveness of divorce, was not issued by Chairman Union Council on the ground that divorce deed received by him was doubtful and had not been sent through the Embassy
Original divorce deed placed on record had been attested by Consular, Embassy of Pakistan
Special Power of Attorney in favour of attorney of petitioner was also attested by Consular, Embassy of Pakistan
Said documents had negated stand of Chairman Union Council and he had committed illegality floating on the surface of record in holding that document of Divorce and Power of Attorney were not attested by the Embassy
Constitutional petition was .allowed and order passed by Chairman Union Council was set aside, with the result that proceedings of conciliation would 'be deemed to be pending before the Chairman, who would decide same afresh within specified time.
Judgment & Decree
SARDAR MUHAMMAD ASLAM, J.
The petitioner was married with respondent No.1 on 21-9-1994. The marriage tie ended in diyorce. First notice of divorce, dated 22-10-2003 was sent to respondent No.2. It was attested by Consular, Embassy of Pakistan in (Rome) Italy. A copy was also sent to respondent No.1. Similarly second and 3rd notices were sent on 1-12-2003 and 29-12-2003, respectively. Respondent No.2 issued notices to the parties for appointing their representatives in conciliation proceedings. The petitioner appointed Shahzada Arshad Baig as his representative vide letter, dated 27-2-2004. Conciliation proceedings were conducted and on their failure the certificate of effectiveness of divorce was not issued. Through this constitution petition a direction has been sought for respondent No.2 to issue a certificate of effectiveness of divorce. Notices were issued to respondent No.1, who entered appearance through her learned counsel while respondent No.2 submitted his Report and Parawise comments. In parawise comments the stand taken by respondent No.2 is that the divorce deed received by him is doubtful and has not been sent through Embassy. His decision was backed by opinion of Executive District Officer (Law), Gujranwala.
2. I have heard the learned counsel for the parties and perused the record.
3. On examination of the record produced by respondent No.2, I find the original divorce deed placed on record has been attested by Consular Embassy of Pakistan (Rome) Italy. Special power of attorney in the name of Shahzada Arshad Baig, also attested by the Consular Embassy of Pakistan (Rome) Italy is available on the file, which authorizes him to deal with the matter regarding divorce and grant of certificate for effectiveness of Talaq. These documents negate the stand of respondent No.2. The, learned counsel for respondent No.1 urged that refusal has already been made hence, the said order may be challenged independently. I do not find force in the arguments of the learned counsel for respondent No.1 as respondent No.2 has committed the illegality floating on the surface of record in holding that the document of Talaq and power of attorney are not attested by Embassy of Pakistan (Rome) Italy. This petition is bound to succeed.
4. For what has been discussed above, this constitution petition is allowed. The order passed by respondent No.2 is set aside. The result thereof, is that the proceedings of conciliation shall be deemed to be pending before respondent No.2 who shall decide the same afresh within a period of 60 days from the date order of this Court is received by him after granting an opportunity of hearing to both the parties to present their point of view and produce any other evidence on record, if they so desire. H. B.T. /M 172/L Petition allowed.