Law: Muslim Family Laws Ordinance, 1961

Section: 7(1), (3)

Law: Constitution of Pakistan, 1973

Section: 203-B

Law: Criminal Procedure Code (V of 1898)

Section: 561, 6(5)

(a) Muslim Family Laws Rules R. 21 read with Notification No. SOX-1-15/75-Vol. IT dated 26th November, 1976-Private complaint-Rule 21 having been amended by Notification replacing `Union Council', by words `aggrieved '.party', private complaint as such, held, competent. [Complaint]. Muhammad Islam v. The State P L D 1967 Pesh. 201 ; Mst. Maqbool Jan v. Arshad Hassan and another P L D 1975 Lah. 147 ; Fateh Muhammad v. Chairman, Union Committee and others P L D 1975 Lah. 951 ; Mrs. Parveen Choudhry v. Senior Civil Judge P L D 1976 Kar. 416 ; Abdul Aziz v. Razia Khatoon 1969 D L C 586 ; Mst. Fahmida Bibi v. Mukhtar Ahmad P L D 1972 Lah. 694 ; Ali Nawaz v. Muhammad Yousaf P L D 1963 S C.51_and P L D,1977 Punjab Statutes 30 ref. (b) Muslim Family Laws Ordinance (VIII of 1961)  S. 7 (1) & (3)-Talaq-S. 7(1) of Ordinance takes into account all .forms of talaq and no particular form outside its purview-Sub section (3) of S. 7 having precluded ialaq from- being effective for a certain period within such period marital status of parties, held, remains unchanged. -(Muhammadan Law]. (c) Muslim Family Laws Ordinance (VIII of 1961) S. 7 (3)-Talaq-Principle - recognized by Hanfi Muslim Personal Law-petitioner divorcing respondent wife on 13th October, 1977 and contracting second marriage on 21 1st October, 1977 within less than ninety days period provided under section 7 (3) of Ordinance for bringing reconciliation between spouses-Held, divorce though given to respondent on 13th October 1977, yet it remained legally ineffective for all purposes till 13th January 1978, notwithstanding principle of Hanfi Muslim Personal Law recognizing Talaq-al-Bida'at or -Talaq-i-Badai as irrevocable and taking effect immediately on its execution if given in writing.-[ Muhammadan Law]. (d) Muslim Family Laws Ordinance (VIII of 1961) S. 7 (3)-Talaq Ahsan- S. 7 (3) of Ordinance, by providing a period of ninety days for purposes of bringing about a reconciliation, held, introduces into Talaq-ul-Bida' at or Talaq-i-Badai provisions of Talaq Ahsan referred to in Sura Al-Talaq of Holy Qur'an. [Muhammadan Law]. (e) Muslim Family Laws Ordinance (VIII of 1961)  S. 7…