Law: Muhammadan Law

Section: 7 , 9

Law: Muslim Family Laws Ordinance, 1961

Section:

Muhammadan Law--- ----Divorce---Islam prescribes no particular mode for dissolving a marriage through divorce---Any overt act on the part of husband, which was indicative of a firm intention to sever matrimonial bond, would operate as divorce---Not necessary to orally pronounce divorce in Hanfi Law. Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 7---Despatch of notice by husband for dissolution of marriage under his own signature was sufficient compliance of S.7, Muslim Family Laws Ordinance, 1961---Rationale behind S. 7 of the Ordinance VIII of 1961, being that husband must convey his intention to dissolve marriage to the Chairman concerned so that effort could be made to bring about reconciliation---Plea that it was necessary to separately pronounce divorce before serving notice upon Chairman, was not warranted. Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 7---Notice for dissolution of marriage---Husband's personal appearance before Chairman concerned in pursuance of his notice for dissolution of marriage was not necessary especially when he was duly represented in proceedings before Chairman and also that he was employed in Armed Forces and was posted outside the area---Arbitration Council was thus, in error in holding that marriage between parties did not stand dissolved on the expiry of ninety (90) days after the service of notice of divorce Muslim Family Laws Ordinance (VIII of 1961)--- ----S.9---Constitution of Pakistan (1973), Art. 199---Maintenance, grant of-- Husband was proceeded against ex parte on application of wife for grant of maintenance---Husband in his revision before Collector alleged that there was no   proper service on him and that he had no knowledge of the pendency of proceedings against him---Such aspect of the matter was not adverted to by the Collector, although he was under legal obligation to do so---Collector also failed to advert to the question of limitation, which he was obliged under law to do, even if it had not been raised---Collector's order whereby he dismissed husband's revision, in so far as it related to question of maintenance, was declared to be without lawful authority and of no legal…