Law: Muslim Family Laws Ordinance, 1961

Section: 7,R.3(b)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Muslim Family Laws Ordinance (VIII of 1961)-- ----S. 7---Rules under the Muslim Family Laws Ordinance, 1961, R.3(b)---Notification/S.R.O. No.1086(K)/61, dated 09.11.1961---Divorce certificate, issuance of---Territorial jurisdiction of Chairman, Reconciliation Committee---Scope---Wife not residing in Pakistan at the time of pronouncement of 'talaq'---Under R.3(b) of the Rules under the Muslim Family Laws Ordinance, 1961 ('the Rules') the basic factor which determined the jurisdiction of the Union Council and/or the Chairman for entertaining and proceeding on a notice of divorce (talaq) under subsection (1) of S.7 of the Muslim Family Laws Ordinance, 1961 (`the Ordinance') was the place where the wife was residing at the time of pronouncement of divorce (talaq)---Union Council and/or the Chairman, which would have jurisdiction in the matter would be the Union Council and/or the Chairman within whose territorial jurisdiction the wife was residing at the time of pronouncement of divorce (talaq)---At the time the husband, in the present case, was alleged to have pronounced divorce (talaq) upon the wife, both of them were permanently residing in a foreign country (United States of America), however, the husband was stationed in another foreign country (Germany) due to his job---In such circumstances the Chairman, Reconciliation Committee (based in Pakistan) did not have jurisdiction in the matter and erred in issuing the impugned Divorce Certificate---Since the husband and the wife were nationals of Pakistan and a foreign country (USA) and were permanently residing in said foreign country at the relevant time, therefore, the husband should have approached the authorized officer of the concerned Pakistan mission in the foreign country under S.7 of the Ordinance---Divorce certificate issued by the Chairman, Reconciliation Committee (based in Pakistan) was held to be of no legal effect and was accordingly set-aside---Constitutional petition was allowed in circumstances. Syeda Wajiha Haris v. Chairman, Union Council No.7, Lahore 2010 MLD 989 and Mst. Sharifan v. Abdul Khaliq and another 1983 CLC 1296 ref. (b) Constitution of Pakistan--- ----Art. 199---Averment of…

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