..::Divorce in Pakistan—Wife Residing Aboard

S. 7—West Pakistan Rules under Muslim Family Laws Ordinance, 1961, R.3(b)—Constitution of Pakistan, Art. 199—Constitutional petition—Talaq (divorce )—Wife residing aboard—Serving of notice on wife, effectiveness of—Arbitration Council, jurisdiction of—Proceedings for dissolution of marriage, custody of minor and equitable distribution of property initiated by wife (petitioner) in the foreign court—Husband (respondent) was alleged to have prepared a forged divorce deed in Pakistan with the intention to frustrate said proceedings before foreign court—Contentions of wife were that she was residing out of Pakistan and was not served notice of Talaq by Arbitration Council in accordance with section 7 of Muslim Family Laws Ordinance, 1961, and that Arbitration Council, had failed to appreciate her objection about her non-residence within its territorial jurisdiction—Validity—Perusal of reply affidavit submitted by wife before foreign court showed that she had knowledge about pronouncement of Talaq and proceedings before the Arbitration Council in Pakistan—Rule 3(b) of West Pakistan Rules under Muslim Family Laws Ordinance, 1961, clearly provided that where at the time of pronouncement of Talaq, wife was not found available in any part of Pakistan, then the Union Council or Town, where she last resided, would have jurisdiction for the purposes of notice, therefore, contention of wife regarding jurisdiction needed no further discussion—Constitutional petition was dismissed accordingly. 2013  CLC  108     ISLAMABAD

 

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60 comments on “..::Divorce in Pakistan—Wife Residing Aboard

  1. i pronounced one talaq and sent the divorce deed to wife. She took it to the union council to obtain a certificate but she tells me that union council do not issue a divorce certificate unless marriage was registered with NADRA. Our marriage was only registered at the union council. Is this true that we cannot obtain a divorce certificate in this case? what is the legal status of the divorce? it is past 90 days. I live abroad.

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    • according to me she can get the divorce certificate even she don’t have any computerized marriage certificate.

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