Law:

Section:

SUMMARY: Oral Divorce

Held: Once the oral divorce has been asserted by the wife herself while seeking maintenance and dower and the said fact is admitted by the respondent-husband, the same concludes the divorce and the issuance of the divorce effectiveness certificate stands out as a mere procedural formality to be adhered to.

In this case, the petitioner (wife) claimed maintenance and dower, while also admitting in her own plaint that she was orally divorced in Talaq-e-Salasa (triple divorce). The respondent (husband) confirmed this in his written statement, though he acted through an attorney and no effectiveness certificate from the Union Council was presented. The court held that once oral divorce is admitted by both parties, it is deemed valid and effective, and issuance of a certificate is only a procedural formality. Consequently, maintenance is only payable up to the Iddat period after divorce. The petitioner's inconsistent stance—claiming divorce to obtain dower, but denying it to claim extended maintenance—was rejected under legal principles.

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