Law: Muslim Family Laws Ordinance, 1961

Section: 2(b),7,Rule 3(b)

(a)   Muslim Family Laws Ordinance (VIII of 1961)---

----Ss. 2(b) & 7---Rules under the Muslim Family Laws Ordinance, 1961, R. 3(b)--Notification S.R.O.No.1086(K)61 dated 09.11.1961---Pakistan origin spouses living abroad having developed strained relations---Divorce proceedings, carrying out of---Jurisdiction/authority---Pakistan Consulate/Mission abroad and Chairman Union Council in Pakistan---Petitioner (Overseas Pakistani) filed constitutional petition against refusal of the concerned Chairman Union Council(Respondent) to issue him divorce effectiveness certificate---Validity---Petitioner was permanently residing in Germany and record (valid Resident/Health Card) pertaining to respondent/lady showed that she was also living in Germany---Even at the time of alleged notices of Talaq the petitioner was not available in Lahore/Pakistan---In cumulative view of the provisions under Ss. 2(b) & 7 of Muslim Family Laws Ordinance, 1961 ('the Ordinance 1961') and R. 3(b) of the Rules made under the Ordinance 1961 as well as Notification S.R.O. No.1086(K)61 dated 09.11.1961, in the present case, the jurisdiction for taking up the matter-in-hand was with the designated officer in the Pakistan Consulate/Mission in Germany while the Union Council and/or the Chairman would have authority if the wife was residing within its territorial jurisdiction at the time of pronouncement of divorce---Thus, as per Notification S.R.O. No. 1086(K)61 dated 09.11.1961, officers of Pakistan Mission abroad are authorized to discharge the functions of Chairman under the Ordinance 1961 and the Chairman, Union Council/respondent had no authority to deal with the matter in hand in respect of divorce---Thus, the impugned order passed by the respondent/Chairman Union Council (Respondent) had rightly been passed while construing law on the subject, which did not need any interference by the High Court---Constitutional petition, having no force and substance, was dismissed, in circumstances.

Mt. Sharifan v. Abdul Khaliq and another 1983 CLC 1296; Ms. Sadaf Munir Khan v. Chairman, Reconciliation Committee and 2 others PLD 2019 Lah. 285; Mian Irfan Latif through Special Attorney v. Nazim/ Chairman Union Council No.100 and another 2009 YLR 1141; Mst. Sana Asim Hafeez v. Adminstrator/ Chairman, Arbitration and Conciliation Court 2016 MLD 1061; Syeda Wajiha Haris v. Chairman, Union Council No.7, Lahore 2010 MLD 989 and Ms. Sadaf Munir Khan v. Chairman, Reconciliation Committee and 2 others PLD 2019 Lah. 285 ref.