Law:

Section:

(a) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5 & Sched.---Muslim Family Laws Ordinance (VIII of 1961), S.7---Constitution of Pakistan, Art.199---Constitutional petition---Suit for recovery of maintenance, dowry articles, delivery expenses and cash amount---Talaq, pronouncement of---Determination---Oral Talaq, proof of---Principles as to when oral Talaq becomes effective---Notice of Talaq to Chairman, Union Council, absence of---Effect---Talaq pronounced in anger---Recovery of amount mentioned in column 16 of Nikahnama and claimable in case of divorce---Jurisdiction of Family Court---Decree for restitution of conjugal rights---Enforceability---Non-framing of issue regarding Talaq---Effect---Plaintiff's wife and minor filed suit for recovery of maintenance, dowry articles and delivery expenses along with recovery of amount resulting from divorce---Trial Court partially accepted the suit and dismissed the same to the extent of amount claimed as result of divorce---Appellate court enhanced quantum of maintenance of minor and dismissed appeal regarding remaining prayer---Husband took plea that marriage between parties was still intact as he divorced plaintiff in anger---Validity---Wife produced affidavit in evidence in support of her contention that defendant had orally divorced her---Defendant had sought Fatwa which had established that he had divorced plaintiff for three times in irritated and annoyed mood---When fact of oral divorce had been admitted by defendant, then it was valid divorce---Oral Talaq, given thrice, had become irrevocable and effective the moment same had been pronounced---High Court observed that oral Talaq would become effective and binding in spite of absence of notice under requirement of S.7 of Muslim Family Laws Ordinance, 1961---Oral Talaq was as good as Talaq in writing---Husband was bound to send notice to Chairman of concerned Union Council---No issue regarding alleged oral divorce had been framed by Trial Court---Both parties had asserted said issue in their pleadings and also produced evidence regarding same---Non-framing of issue regarding factum of divorce was, therefore, not fatal---Finding of courts below…

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