..::Delegation right of Divorce under Muslim Family Laws in Pakistan

  • Delegated right of Divorce given to wife was exercised by her but no notice was sent to Chairman Arbitration Council—
  • Subsequently husband Divorce d his wife; sent notice to Chairman Arbitration Council and Divorce became effective —
  • Wife filed suit for recovery of dower amount, which was dismissed by family Court being barred by limitation on the ground that Divorce had already been effected when she had exercised her right—
  • Appeal filed by wife was also dismissed by Appellate Court—Plea raised by wife in the constitutional petition was that Divorce did not become effective , after her exercise of such right, as no notice to the Chairman was given by her—
  • Validity—No notice was served in terms of S.7 read with S.8 of muslim family law s Ordinance, 1961, and result was that prescribed period of ninety days never started running so as to make Divorce effective at any time after exercise of such right by wife–
  • Divorce pronounced by wife in exercise of her delegated right of Divorce never took effect and Divorce pronounced by husband did take effect on expiry of ninety days, when notice was delivered to Chairman Arbitration Council—Suit brought by wife was within the period of three years as prescribed in Arts.103 and 104 of Limitation Act, 1908—

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