2009 PLP 1879 (YLR)

ANWAR-UL-HAQ PANNU, J.

Through this petition, the petitioner has challenged the order dated 5-7-2006 passed by respondent No.2/Naib Nazim, Union Council No.139, Green Town Lahore.

2. The necessary facts giving rise for filing the instant petition are that the .petitioner was married with Mst. Huma Irshad daughter of Irshad Ahmad, resident of House No.120-5 A-II, Township, Lahore, according to Muslim Rites. The amount of prompt dower was paid at the time of Nikah. The Nikah of the spouses was registered with Union Council No.139, Green Town, Lahore as required under the law. For a period of about 2-1/2 years after the marriage the spouses lived peacefully and amicably, according to the petitioner, however, with the passage of time the differences between the parties cropped up and resultantly some unhappy incident also took place between the spouses and efforts of reconciliation remained abortive. The petitioner on 12-12-2003 divorced Huma Munir daughter of Irshad Ahmad by pronouncing upon her three consecutive Talaq/Talaq Bain and terminating the relation of husband and wife between the spouses. The divorce deed, duly drawn on judicial stamp paper, was sent to Mst. Huma Munir as well as Chairman, Reconciliation/Arbitration Council. A period of ninety days elapsed, after the pronouncement /sending of the notices to the Chairman Arbitration Council, Union Council No.139 issued a certificate of effectiveness of Talaq as required under section 7 of the Act. Copies of the notice of Talaq and the certificate of effectiveness of Talaq issued by the Union Council No.139 dated 15-4-2004, have been appended with the petition. It is also averred in the writ petition that the ex-wife of the petitioner tried to snatch some property from him by posing herself as his wife with active help and connivance of her brother whereupon the petitioner had filed a suit for permanent injunction against the respondent who was also arrayed as defendant in the suit which was decreed vide judgment and decree dated 13-6-2005 passed by the learned Civil Judge, Lahore. The respondent No.2 Malik Shabbir Hussain Khokhar after about a period i.e. 15-4-2004 to 5-7-2006, issued a certificate while cancelling the certificate of effectiveness of Talaq through the impugned certificate dated 5-7-2006 with the connivance of the ex-wife of the petitioner "Annex-E".

3. Learned counsel aggrieved of the certificate/order dated 5-7-2006 has challenged it on the ground that under no law, Naib Nazim, Union Council has the authority whatsoever to revoke the earlier order of the effectiveness of Talaq, therefore, the impugned order dated 5-7-2006 may kindly be set aside declaring to have been passed without jurisdiction being illegal and having no legal effect.

4. Vide order dated 26-4-2009 the respondent No.2, Naib Nazim, Union Council No.139 was directed to appear before the Court for today. Instead of respondent No.2, Khalid Ahmad Butt, Nazim, Union council has appeared along with the relevant record and apprised to the Court that respondent No.2 has died and there is no record available with the Union Council regarding impugned certificate dated 5-7-2006. Moreover, he does not own the document as having been issued by the Union Council. This being the position, this petition is disposed of with the observation that as there is no record with the Union Council regarding the certificate dated 5-7-2006 and it appears that it has been manipulated. Had it been validly issued, the record of the same should have been available with the Union Council. Moreover, after elapse of more than two years, the Naib Nazim, Union Council has no authority whatsoever to revoke the certificate of Talaq. H.B.T./S-134/L Petition allowed.