..::Notice of Talaq–Withdrawal–Effect–Muslim Family Laws in Pakistan

  • Chairman, Union. Council declined to issue certificate of Talaq to petitioner/lady on ground that since her husband/respondent had filed application for withdrawal of notice of Talaq within period of 90 days of receipt of notice, Divorce had been rendered ineffective
  • Document of Talaq had clearly shown that it was not a unilateral pronouncement of Talaq, but it was a Talaq inform of “Mubaraat” which had been entered into by consent of both parties
  • Document of pronouncement was a mutual revocation of contract of marriage entered into at time of Nikah and since both parties had mutually revoked contract, one party could not unilaterally revive the contract without consent of other —
  • Talaq in form of “Mabaraat” was irrevocable from the date of its execution and provisions of S.7, muslim family laws Ordinance, 1961 would be inapplicable to such a case—
  • If party to Talaq applied for a certificate from Chairman, regarding effective ness of Talaq, he would have no option but to declare Talaq as effective —
  • Application for cancellation or revocation to Chairman and issuance of cancellation certificate was incompetent and was without lawful authority—
  • Once triple Divorce had been pronounced Talaq would become irrevocable.

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