Law: Muslim Family Laws Ordinance, 1961

Section: 7, 8

(a) Muslim Family Laws Ordinance (VIII of 1961) Ss. 7 & 8-Dissolution of Muslim marriage-Proceedings under S. 7 where wives seek dissolution of marriage through Courts-Can be resorted to only after passing of decree for dissolution of marriage by Court-Provision of S. 8 read with S. 7-Fully satisfied if notice of decree sent to Chairman after decree and not before or contempora neous with institution of suit-Necessary for wife to independently inform Chairman, Union Council, about decree and also to send notice thereof to husband in formal manner. Mst. Mumtaz Mar v, Ghulam Nabi P L D 1969 B J 5; Muhammad Amin v. Mst. Surraya Begum and others P L D 1970 Lah. 475 ; Mst. Manzoor v. Allah Wasaya and 4 others P L D 1973 B J 36; Re: Yaqoob v. Mst. Wassan and another Writ Petition No. 565 of 1974; Mst. Fahmida Bibi v. Mukabar Ahmad and others P L 1;5 1972 Lah. 694 and Mst. Maqboot Jan v. Arshad Hassan and another P L D 1975 Lah. 147 ref. Khushi Ram-Raghunath Sahai v. Commissioner of Income-tax A I R 1953 Pb. 300 held, not applicable. (b) Muslim Family Laws Ordinance (VIII of 1961) Ss. 7 & 8-Dissolution of Muslim marriage-Appeal competently filed, inter alia, on ground of appellant being entitled to decree for dissolution of marriage on basis of khula'-Failure of lower appellate Court to consider question of khula`, held, non-exercise of appellate jurisdiction conferred on him-Appeal ordered to be heard afresh. (c) Muslim Family Laws Ordinance (VIII of 1961) Ss. 7 & 8-Dissolusion of Muslim marriage-Attempt on part of presiding Judge to effect compromise or reconciliation-Not merely a question of formality but an important function-Failure to do so --- Amounts to failure to exercise essential part of vested jurisdiction -Judgment set aside. Dates of hearing: 18th and 26th June 1974.                                                                                                            …