Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Muslim Family Laws Ordinance 1961, Ss. 7(3) & 8--Pronouncement of talaq--Delegated right of talaq, Exercise of--Certificate of effectiveness of talaq not issued by Chairman Arbitration Council--Failure of reconciliation proceedings--Dismissal of application filed by petitioner--Daughter of petitioner was married to private respondent, had been delegated right of divorce in Column 18 of Nikah Nama, which she exercised and consequently filed application before Chairman Arbitration Council for effectiveness of Divorce--Chairman dismissing application--Challenge to--Petitioner contended that after expiry of 90 days from talaq, it was incumbent upon Chairman to issue certificate of effectiveness of divorce but instead proceedings were adjourned for appearance of his daughter, who ultimately died due to terminal disease in UK--Further argued that Chairman Arbitration Council has no authority to withhold issuance of certificate of effectiveness of talaq--Validity-Daughter of petitioner was married with private respondent against a dower of Rs 50,000/- and in column No 18 of Nikahnama, private respondent had delegated right of talaq to his wife--Column No 18 of Nikahnama is very clear and unambiguous and it can safely be presumed that husband had extended his powers of divorce to his wife without any condition and wife could exercise delegated right of divorce without any objection or permission--It is settled proposition of law that divorce pronounced by a party having not been revoked would be effected after expiry of 90 days of receiving of notice by Chairman Arbitration Council--Even failure to send notice of talaq to Chairman Arbitration Council does not render talaq ineffective in Shariat--There is no specific word for pronouncement of talaq under any code of law, however, it is settled law that a person exercising right of talaq has to state his intention in unequivocal terms, through it could be considered that he or she has intention for termination of marriage--Section 8 specifically provides another form of talaq known as delegated right of divorce to wife absolutely or conditionally and either for temporary…

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