Law: Muslim Family Laws Ordinance, 1961

Section: 7,8

Law: Muslim Family Laws Ordinance, 1961

Section: 7,8

Law: Family Courts Act, 1964

Section: 5,Sched

(a) Muslim Family Laws Ordinance (VIII of 1961)------Ss. 7 & 8---Talaq-e-Tafweez---Scope---Kinds---Power to give divorce vested with the husband who might delegate the same to the wife or to a third person---Person to whom such power was delegated might then pronounce the divorce accordingly---Such divorce was known as "Talaq-e-Tafweez"---Delegation of power called "Tafweez" by the husband to his wife, conferred on her the power to divorce herself---Tafweez was of three kinds; Ikhtiar; Amr-ba-yed and Mashiat---Wife could not sue to enforce the authority to have been given to her but she could sue after she had given effect to it to make the husband liable for her dower or to restrain from seeking conjugal relations. PLD 1995 Lah. 187; 1999 YLR 2399 and PLD 2011 Lah. 265 rel. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S. 5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), Ss.7 & 8---Constitution of Pakistan, Art.199---Constitutional petition---Talaq-e-Tafweez---Scope---Suit for recovery of maintenance allowance and dower---Contention of the wife was that due to cruel and humiliating attitude of the husband she was compelled to exercise her right of delegation of divorce---Validity---Wife was entitled to exercise her right of Talaq-e-Tafweez and to be separated from her husband---Same could not be termed as Khula---Talaq once pronounced would be effective after expiry of 90 days---Nikah Nama with all its contents had been admitted by the husband---Right of divorce had been delegated to the wife by the husband---No condition or contingency existed in the Nikah Nama---Wife had exercised delegated power of divorce and had repudiated herself through notice duly served upon the husband and copy of which was sent to Union Council in view of Ss.7 & 8 of Muslim Family Laws Ordinance, 1961 stating therein that by virtue of Talaq-Tafweez it was not possible for her to live with the husband as wife---Notice was exhibited without any objection on the part of husband---Once a person pronounced divorce, the power so delegated became irrevocable and such would operate as Talaq of the wife by the husband---Dissolution of marriage in the present…

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