Dissolution of Muslim Marriages

One of the conditions of the marriage between parties was that husband had delegated the right to divorce wife and entry to that effect was made in Column No.18 of Nikahnama

Wife in exercise of said right pronounced divorce upon herself for her husband and a notice was sent to Nazim Union Council concerned

Nazim had intimated wife that husband being not ready to pronounce divorce, wife could approach the Court as he could not grant Khula and Nazim sent the case to the Family Court

Nazim was oblivious of legal position as right of divorce could be lawfully delegated by husband to wife and that had happened in the present case and notice was sent by wife in compliance with the terms of Ss.7 & 8 of Muslim Family Laws Ordinance, 1961

Ninety days prescribed period having expired after receipt of notice issued by wife and re-conciliation being not possible between the parties, law as prescribed in Ss.7(3) & 8 of Muslim Family Laws Ordinance, 1961 would have its course

Nazim would issue requisite document regarding receipt of notice and failure of reconciliation within prescribed time.

Husband pronouncing Talaq but abstaining from giving a notice to Chairman, should be deemed to have revoked the pronouncement

Provisions of subsection (3) of S.7 of the Ordinance precludes a Talaq from being effective, for a certain period and within that period, consequently, it could not be said that marital status of the parties had in any way been changed

Parties still in law continue to be husband and wife

Dissolution, in Khula' and Mubara't, proceed, on the wishes of one party culminating in a settlement between the parties and as such the statute takes over even where parties have by a settlement arrived at dissolution

Requirements of provisions of S. 7, in such case, have to be observed.

S. 5 read with Sched.-Dissolution of Muslim marriage-Family Court dissolving marriage holding that the wife had developed intense dislike for her husband and in such circumstances she would "certainly be transgressing the limits of God" if forced to live with him

Order passed by Court, held, proper.

Wife to establish she was entitled to live apart and be maintained where she resided-Civil Procedure Code (V of 1908), S. 20 (c)-Dissolution of Muslim Marriages Act (VIII of 1939) S. 2 (ii).