Law: Muslim Family Laws Ordinance, 1961

Section: 7

Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 7---Divorce---Pronouncement---Mode---Marginal witness of Talaq Nama was cross-examined but no suggestion was put up that the husband had divorced or had executed the impugned Talaq Nama---No specific mode was prescribed in Muslim Personal Law or Muslim Family Laws Ordinance, 1961 for pronouncement of divorce---Muslim could pronounce a divorce orally or in writing---Divorce in writing would become irrevocable under Muslim Personal Law---Non-issuance of notice under S.7 of Muslim Family Laws Ordinance, 1961 did not invalidate divorce under Islamic Law---Divorce would become effective even in the absence of notice under S.7 of Muslim Family Laws Ordinance, 1961 to the Chairman of Arbitration Council after expiry of period of Iddat---Civil cases had to be decided on the basis of preponderance of evidence of the parities---Findings recorded by both the courts below did not suffer from any factual or legal infirmity, mis-reading or non-reading of evidence rather same were based on true appreciation of evidence available on record---Revision was dismissed in circumstances. [paras. 5, 7, 9 & 10 of the ] Mrs. Parveen Chaudhry v. VIth Senior Civil Judge 1st Class, Karachi and another PLD 1976 Kar. 416; Allah Dad v. Mukhtar and another 1992 SCMR 1273 and Muhammad Idrees and others v. Muhammad Pervaiz and other 2010 SCMR 5 rel. THIS JUDGMENT DELIVERED BY: ABDUS SATTAR ASGHAR, JUSTICE;---.--- This Civil Revision under section 115 of Civil Procedure Code, 1908 is directed against the consolidated judgment and decree dated 13.12.2000 passed by learned Civil Judge Gujjar Khan whereby suit for possession through partition lodged by the petitioners was dismissed to the extent of Mst. Asghar Bibi/petitioner No.1 and preliminary decree was passed in favour of petitioner No.2. It also assails the judgment and decree dated 28.2.2005 passed by learned Additional District Judge Gujjar Khan whereby petitioners' appeal against the judgment and decree of learned Civil Judge was dismissed. 2. At the outset learned counsel for the petitioners restricts himself to the extent of findings of the learned courts below declaring Mst.…

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