Law: Muslim Family Laws Ordinance, 1961

Section: 7

Law: Civil Procedure Code (V of 1908)

Section: 13

Law: Constitution of Pakistan, 1973

Section: 199

Muslim Family Laws Ordinance (VIII of 1961)-------S.7---Civil Procedure Code (V of 1908), S. 13---Constitution of Pakistan, Art. 199---Constitutional petition---Divorce Effectiveness Certificate---Foreign judgment---Effect---Petitioner and respondent were husband and wife but the relationship ended in divorce pronounced by foreign Court of competent jurisdiction---Respondent / Arbitration Council declined to issue Divorce Effectiveness Certificate---Validity---Provision of S. 7 of Muslim Family Laws Ordinance, 1961 merely regulates process of recognition by requiring parties to abide by mandatory process, involving 90-day reconciliation period, before divorce is recognized as being effective---Foreign Court in California issued proclamation with regard to dissolution of marriage of parties during pendency of instant petition---Neither party contested jurisdiction of foreign court to do so---Such pronouncement had to be given effect in terms of S. 13, C.P.C.---There was nothing preventing respondent / Arbitration Council from issuing a certificate of effectiveness of divorce in terms of S. 7(3) of Muslim Family Laws Ordinance, 1961 in view of the judgment of dissolution of marriage already issued by a competent foreign court---Constitutional petition was allowed, in circumstances.Mst. Asma Bibi v. Chairman Reconciliation Committee and others PLD 2020 Lah. 679; Muhammad Akram Nadeem v. Chairman, Arbitration Council/ADLG, Islamabad and others 2021 CLC 1947; Mst. Sadia Malik v. Chairman, Arbitration Council and another 2017 CLC Note 166; Dr. Masood Khan v. Chairman, Arbitration Council, Wah and 2 others PLD 1982 Lah. 532; Muhammad Zaman v.Uzma Bibi and 4 others 2012 CLC 24; Mst. Naseem Akhtar v. Director General Immigration and Passport PLD 2006 Lah. 465; Arif Hussain and another v. The State PLD 1982 FSC 42; Mirza Allah Ditta alias Mirza Javed Akhtar v. Mst. Amna Bibi and another 2004 YLR 239; Smt. Satya v. Teja Singh AIR 1975 SC 105; Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) 3 SCC 451 and Muhammad Ishaque v. Judge Family Court PLD 1975 Lah. 1118 rel.Date of hearing: 26th February, 2024.JUDGMENTBABAR SATTAR, J.---The petitioner is aggrieved by order dated…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492