..::Pronouncement and Revocation of Divorce. Muslim Family Laws in Pakistan

Terms not having been defined in Ordinance to be governed by general Muslim Law-“Pronouncement” must be conscious and independent act-Wife denying or disproving two essential requirements:

(i)                  pronounce­ment of talaq and

(ii)                 receipt of copy of notice by her-Fact that husband proved

(iii)               requirement that he gave Chairman “notice in writing of having done so”-Held, would not amount to compliance of mandatory provision of S. “(1), in circumstances of case.

Howsoever short the time lag between the two acts of pronouncement and sending the notice may be, yet the intention of the law-makers was that, the “pronouncement” of the talaq must be conscious and independent act.

The term “pronouncement” has not been defined in the Ordinance, therefore, the ordinary Muslim Law on pronouncement of a divorce shall continue to apply notwithstanding the provisions of Muslim Family Laws Ordinance.

For example, if a wife denies or disproves the two essential requirements 1. one, pronouncement of talaq and two, the receipt of the copy of the notice by her ; then notwithstanding the fact that the husband is able to prove the third requirement namely, that he gave the Chairman “a notice in writing of his having done so” (i.e. pronounced the talaq), the mandatory provisions of subsection (1) of section 7 would not be deemed to have been complied with.

Similarly, the word “revocation” has not been defined in the Ordinance nor any procedure has been prescribed as to how the talaq could be revoked. Applying the same reasoning qua the “pronouncement of talaq to “revocation” thereof, it is held that the general Muslim Law would govern: all aspects of revocation-procedural and substantive.

 

2 comments on “..::Pronouncement and Revocation of Divorce. Muslim Family Laws in Pakistan

    • It depends on the facts and circumstances of every case. The court decides custody matters keeping in view the welfare of the minors. The minors can live with the mother up to certain age, if her circumstances allow. In custody matters the court also considered the consent of grown up children. The father will maintain his children even in the custody of mother. The father can take back the custody of minors if the circumstances of mother’s 2nd home are not favourable for the minors.

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