Law: Muslim Family Laws Ordinance, 1961

Section: 7, 3(b)

Law: Constitution of Pakistan

Section: 199

Muslim Family Laws Ordinance (VIII of 1961)  S.7---Rules under the Muslim Family Laws Ordinance, 1961, R.3(b)---Constitution of Pakistan, Art.199---Constitutional petition---Refusal of local authority to issue divorce certificate, challenge to---Divorce obtained abroad---Confirmation and registration of divorce in Pakistan---Jurisdiction of Union Council/Cantonment Board--- Permanent residence in Pakistan being the determinative factor---Scope---Availability of alternate and efficacious remedy---Maintainability of constitutional petition ---Briefly, the petitioner/husband, a Pakistani national holding dual nationality, married respondent No.3/wife in Pakistan under Muslim Family Laws Ordinance, 1961, and the couple later resided in the United States, where three children were born---Their marriage was dissolved through a divorce decree passed by a District Court in Harris County Texas---Subsequently, the petitioner submitted a divorce deed before the Cantonment Board authorities in Pakistan seeking confirmation of divorce and issuance of a divorce certificate, asserting that the marriage continued to reflect in Pakistani official records---The competent authorities dismissed the application on the ground of lack of jurisdiction, leading the petitioner to file the present constitutional petition before the High Court challenging the order of authorities ---Held: Petitioner in the present petition and also in the divorce application filed before authorities had failed to establish his permanent residency in Pakistan---In the absence of the petitioner establishing conclusively his status as a permanent resident in Pakistan, the petitioner had an alternate and efficacious remedy available to him as laid down under the Rules and Notification SRO No. 1086(K)/61 dated 09.11.1961 and the petitioner was at liberty to adopt the procedure and obtain a divorce certificate in accordance with the relevant provisions of law, without any of his fundamental rights being infringed---Present constitutional petition being devoid of merit was dismissed, in circumstances.        Dates of hearing: 9th, 24th April and 9th May, 2025.    …