..::Chairman Arbitration Council–Powers–Muslim Family Laws in Pakistan

  • Chairman Arbitration Council had no authority to adjudicate upon validity or otherwise of ‘Talaq‘ pronounced by husband or his delegatee (wife)—
  • Arbitration Council was constituted only for purpose of bringing about reconciliation between parties and in event of its failure, ‘Talaq’, ipso facto, would become effective on expiry of 90 days of receipt of notice under S.7 of muslim family law s Ordinance, 1961—
  • Husband, in case of delegating right of Talaq (Tafweez) to wife at the time of marriage, which fact if duly incorporated in ‘Nikahnama’, and wife in exercise of her said right issued notice to Chairman Union Council
  • Chairman was duty bound to constitute Arbitration Council and proceed in accordance with provisions and he had no right to declare right of Divorce through Tafweez as un-Islamic, unlaw ful and against Injunctions of Qur’an and Sunnah
  • Since wife in case, had issued notice to Chairman Union Council, who constituted Arbitration Council, but compromise could not be effected between parties, no option was left with Arbitration Council, but to declare that Arbitration proceedings had failed.
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8 comments on “..::Chairman Arbitration Council–Powers–Muslim Family Laws in Pakistan

  1. Sir my in-laws given a fake notice of divorce to chairman union council behalf of my husband me and my husband have no issue, yesterday union council of my residence call me for my statement my husband don’t want divorce he is with me problem is this notice is come from karachi union council to my residence union council I live in lahore and my husband is in saudi arabia how can I get cancel this fake notice of divorce with fake signature of my husband on divorce deed… this is done by my in-laws not by my husband. how can I cancel from karachi I don’t know anyone in karachi

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    • you may contact your husband and ask him to write a letter to the chairman union council that he did not divorce you. then you must appear in union council and record your statement and produce the letter of husband.
      you may also get cancel the fake divorce deed by filing a case in Lahore.

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  2. Can khula proceedings be initiated in family court if the husband had already divorced his wife and proceedings are underway in arbitration council ?

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