..::’Talaq-e-Ahsan’ Notice of divorce is mandatory

Legislature had, to a great extent, trammelled and curtailed the arbitrary power of husband to divorce his wife—Muslim Family Laws Ordinance, 1961 had abolished the practice of disapproved form of ‘Talaq’ and mode prescribed in the Ordinance was that of a ‘Talaq-e-Ahsan’ and by the Ordinance it had been made mandatory that the notice of ‘Talaq’ should be given in writing to the Chairman of Union Council—‘Talaq’ would be effected only if efforts of reconciliation would fail—Law prevailing previous to the enforcement of Muslim Family Laws Ordinance, 1961, had made it obligatory for the couples divorced by any mode of ‘Talaq’ other than ‘Talaq-e-Ahsan’ not to re-marry each other again, unless wife married another man who died or divorced her after actual consummation and she married her first husband after period of ‘Iddat‘–­Before re-marriage parties had to prove that bar to their marriage was removed by intermediate marriage, consummation and dissolution, otherwise their marriage was not considered valid—Mode of ‘Talaq’ effected under provisions of Muslim Family Laws Ordinance, 1961 being almost that of ‘Talaq-e-Ahsan’, the couples could re-marry without any intervening marriage except where they had been divorced thrice and the third divorce had become effective and in that case they could not re-marry without an intervening marriage—Plain reading of S.7 of Muslim Family Laws Ordinance, 1961 though had implied that all kinds of ‘Talaqs’ had been made revocable without an intervening marriage and could be that its repugnancy to such extent could validly be agitated on the touchstone of Qur’anic behest and the traditions of Holy Prophet (peace be upon him), but neither vires of said S.7 had been challenged nor matter raised in case pertained to all kinds of ‘Talaqs’—Matter, in the present case, pertained, to ‘Talaq’ obtained by wife through Court decree in shape of Khula‘.


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