Law:

Section:

Family Courts Act (XXXV of 1964) --------- ----------S.5 --------- Divorce --------- Spouses residing outside Pakistan having dual nationality --------- Certificate of effectiveness of divorce, issuance of --------- Scope --------- Contention of wife was that she was not served with notice of divorce in UK through Pakistan Commission and Chairman Union Council was not competent to issue certificate of divorce --------- Validity --------- Both the spouses were holding dual nationality and were residing in UK at the time of execution of divorce deed --------- Divorce deed was completed in UK and husband appointed his arbitrator through a special power-of-attorney sent from abroad --------- Secretary Union Council served notice to the wife through her father when she was residing in UK at the same time --------- Wife was never served with any notice at her address in UK --------- Husband had remedy of approaching the Pakistan Mission in UK for reconciliation or effectiveness of divorce deed --------- Husband had submitted himself to the jurisdiction of Family Division of High Court of Justice, London, UK and said court had assumed jurisdiction in the matter --------- Proceedings in family matters were to be instituted where the children or wife were ordinarily residing --------- Both the parties were permanent residents of UK and Arbitration Council in Pakistan had no jurisdiction to proceed in the matter --------- Proceedings initiated against the wife were in violation of law and rules and were based on mala fide of public functionaries --------- High Court in constitutional jurisdiction had power to grant relief to the aggrieved party when statutory functionary had acted mala fide or in a partial, unjust and oppressive manner --------- Impugned divorce certificate was declared to be null, void and of no legal effect --------- Constitutional petition was accepted in circumstances. Mian Irfan Latif v. Nazim/Chairman Union Council No. 100 and another 2009 YLR 1141; Romana Zahid v. Chairman, Arbitration Council/Nazim Union Council and another PLD 2010 Lah. 681; Syeda Wajiha Haris v. Chairman, Union Council No. 7, Lahore 2010 MLD 989; Dr. Ashfaq Ahmad Khan v. Mst.…

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