..::American Citizens..Procedure of Divorce in Pakistan

Pronouncement of Talaq by husband in Pakistan‑‑‑Certificate of effectiveness of Talaq issued by Chairman Union Council in Pakistan‑‑‑Validity‑‑‑Provisions of Muslim Family Laws Ordinance, 1961, are applicable only to Muslim citizens of Pakistan wherever they may be‑‑‑Foreign citizens can invoke jurisdiction of Civil Court in terms of S.20, Civil Procedure Code, 1908, under which Civil Court enjoys plenary jurisdiction to entertain and try any suit, if parties at the commencement of suit were residing within its local limits‑‑‑Foreign citizens can also approach High Court for redress of their grievance under Art.199 of the Constitution‑‑‑Mere fact that husband was citizen of a foreign country would make no difference in respect of his right to pronounce Talaq‑‑­Contesting parties having not claimed any other faith, would be presumed to be Hanafi Sunni Muslims ‑‑‑Talaq pronounced thrice by Muslim husband would instantaneously become effective and irrevocably dissolved marital tie‑‑­Provisions of Muslim Family Laws Ordinance, 1961 being applicable to Muslim citizens of Pakistan, provisions for sending notice to Chairman by husband (a foreign national), constitution of Arbitration Council and issuance of certificate of effectiveness of Talaq were not attracted, for spouses were American citizens‑‑‑Proceedings before Chairman Union Council in Pakistan were thus, futile and nullity in the eye of law‑‑Talaq pronounced thrice by husband had become effective while certificate of effectiveness of Talaq was of no legal effect.

Muslim citizen of Pakistan (a female) entering into a marriage contract with a Muslim citizen of U.S.A. (a male) in Pakistan‑‑­Marriage was registered in accordance with the provisions of Muslim Family Laws Ordinance, 1961‑‑‑Husband invoking jurisdiction of Chairman of Union Council concerned, under S.7 of the Ordinance for initiating divorce proceedings against his wife‑‑‑Held, proceedings under S.7, Muslim Family Laws Ordinance, 1961, could only be invoked by a man who was a Muslim citizen of Pakistan‑‑‑Husband being a citizen of U.S.A. was not entitled to initiate proceedings against his wife under the provision of S.7, Muslim Family Laws Ordinance, 1961.

Muslim citizen of Pakistan (a female) entering into a marriage contract with a Muslim citizen of U.S.A. (a male) in Pakistan‑‑­Marriage was registered in accordance with the provisions of Muslim Family Laws Ordinance, 1961‑‑‑Husband invoking jurisdiction of Chairman of Union Council concerned, under S.7 of the Ordinance for initiating divorce proceedings against his wife‑‑‑Held, proceedings under S.7, Muslim Family Laws Ordinance, 1961, could only be invoked by a man who was a Muslim citizen of Pakistan‑‑‑Husband being a citizen of U.S.A. was not entitled to initiate proceedings against his wife under the provision of S.7, Muslim Family Laws Ordinance, 1961.

 

Enter your Question here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s