Wife residing aboard

2013 CLC 108 ISLAMABAD Judicial Precedent

S. 7West Pakistan Rules under Muslim Family Laws Ordinance, 1961, R.3(b)Constitution of Pakistan, Art. 199Constitutional petitionTalaq (divorce)Wife residing aboardServing of notice on wife, effectiveness ofArbitration Council, jurisdiction of

Proceedings for dissolution of marriage, custody of minor and equitable distribution of property initiated by wife (petitioner) in the foreign court

Husband (respondent) was alleged to have prepared a forged divorce deed in Pakistan with the intention to frustrate said proceedings before foreign court

Contentions of wife were that she was residing out of Pakistan and was not served notice of Talaq by Arbitration Council in accordance with section 7 of Muslim Family Laws Ordinance, 1961, and that Arbitration Council, had failed to appreciate her objection about her non-residence within its territorial jurisdiction

Validity

Perusal of reply affidavit submitted by wife before foreign court showed that she had knowledge about pronouncement of Talaq and proceedings before the Arbitration Council in Pakistan

Rule 3(b) of West Pakistan Rules under Muslim Family Laws Ordinance, 1961, clearly provided that where at the time of pronouncement of Talaq, wife was not found available in any part of Pakistan, then the Union Council or Town, where she last resided, would have jurisdiction for the purposes of notice, therefore, contention of wife regarding jurisdiction needed no further discussion

Constitutional petition was dismissed accordingly.