..::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.

2 comments on “..::Chairman Arbitration Council–Powers–Muslim Family Laws in Pakistan

  1. 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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