..::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


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

  1. I was in nikah 2010 to til but rukhsti was not done.so I got the khula from court but I don’t know the union council procedure plz help me


    • you must deposit the Khula order/decree in your local union council and the chairman of union council will constitute an Arbitration Council, and after 90 days the arbitration Council will issue a divorce certificate to you


  2. Dear sir/madam,
    I got the khula from court but I don’t know what is the procedure of union concil.my rukhsti was not done only nikah was done so I got khula against that nikah.what I should do for next procedure. Plz help me


  3. My friend is outside the country. He wants to divorce his wife. Kindly let us know about the procedure, he has to adopt.



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