Notice of divorce

2015 CLC 138 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 7 & 9Constitution of Pakistan, Art.199Constitutional petitionNotice of divorceCertificate for payment of maintenance by the husband to the wifeCondition of payment of compensation for divorce by husband imposed by the Arbitration CouncilLegality

Petitioner-husband divorced respondent-wife and sent a notice to the Chairman Arbitration Council but did not join proceedings of reconciliation before the Arbitration Council

Claim of the wife for past maintenance, medical charges, maintenance for the period of Iddat and compensation for divorce was accepted by the Arbitration Council

Husband filed revision petition before the Deputy District Officer (Revenue)/Collector which was dismissed

Validity

No restriction existed on the powers of the Arbitration Council to issue certificate for past maintenance, however, such restriction was imposed on the powers of the Magistrate under S.488, Cr.P.C.

Expenditures borne on delivery of the child were to be paid by the husband as he was bound to maintain the wife adequately, which included the medical charges

Award of compensation due to divorce pronounced was not within the jurisdiction of the Arbitration Council

Condition that in case of pronouncement of divorce, the petitioner-husband would pay compensation was stringent, harsh and against the public policy

Husband and wife were supposed to live within the limits of God and they must pay respect to each other and must lead a harmonious life and if same became impossible then they might separate from each other in a respectful way

Said condition might force husband and wife to live with hatred, ill-will and grouse nourished in their hearts against each other, which finally led to many social complications

Impugned order to the extent of compensation was not sustainable in the eyes of law

Factual controversy could not be resolved in exercise of Constitutional jurisdiction by High Court

Constitutional petition was partly accepted.

2014 PLD 494 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 3(1) & 7Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79Constitution of Pakistan. Art.199Constitutional petitionNotice of divorceIssuance of certificate of effectiveness of divorce

Contention of petitioner-wife was that she contracted marriage with the respondent-husband, however, rukhsati did not take place and notice of divorce issued by the respondent-husband from abroad was not as per law and thereafter, arbitration proceedings were not conducted properly by the Administrator Union Council as neither the respondent-husband himself appeared nor any arbitrator appeared on his behalf for reconciliation proceedings

Validity

Respondent-husband had not denied the execution of the divorce deed/notice of talaq, therefore, the provisions of Art.79 of the Qanun-e-Shahadat, 1984 were not attracted, particularly when the petitioner-wife herself admitted the receipt of divorce deed

Issuance of certificate of talaq was a technicality which did not find mention in the provisions of Muslim Family Laws Ordinance, 1961 and talaq became effective automatically after 90 days from receipt of notice of talaq by the Nazim/Administrator of the Union Council

As per Injunctions of Islam, the right of divorce had been conferred upon man who could give divorce to his wife at any time and no encumbrance was put upon the man to give divorce to his wife though the same was one of the things most disliked by God

Constitutional petition was dismissed.

2010 MLD 989 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 7Constitution of Pakistan (1973), Art.199Constitutional petitionNotice of divorceReconciliation between the spousesForum

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.

2009 SCMR 61 SUPREME-COURT Judicial Precedent

Para. 7(2)(b)

Teachers of nationalized colleges were given protection of such scales of pay and other benefits as were not less favourable than those to which the teachers of equivalent qualification, seniority and experience in the colleges maintained by the government were entitled

Protection afforded by the Legislature was personal to the incumbents and there was no guarantee for the higher posts.