Law: Muslim Family Laws Ordinance, 1961

Section: 7(1)

(a) Muslim Family Laws Ordinance (VIII of 1961) S. 7(1) read with Principles of Muhammadan LawMubara't Khula'TalaqWife stating to have been released from wedlock by her husband. by pronouncing Talaq and executing Talaqnama and parties having received their belongings from each otherNo mention made of waiver of dower in wife's applicationNor any evidence led to such effect by husbandTalaq in circumstances not a voluntary act much less by Mutual consent hence not a case of Mubara't Case not being one of mutual consent, wife not having filed suit to obtain separation by way of Khula' and husband having died, question of exercising her right to obtain separation by Khula' did not ariseTalaq, hence, held, did not become effective but stood revoked for season of no notice having been given by husband under S. 7(1) of Ordinance.[Muhammadan LawKhula']. Link 1 Link 2 Link 3 Link 4 Link 5 Link 6 Link 7 Syed All Nawaz Gardezi v. Lt.Col. Muhammad Yusuf P L D 1963 S C 51; Balqis Fatima's case P L D 1959 Lah. 566 and Khurshid Bibi v. Muhammad Amin P L D 1967 S C 97 ref. (b) Muslim Family Laws Ordinance (VIII of 1961) S 7Whether S. 7 of Ordinance applies to cases of Khula' or Mubara't [Quaere].[Muhammadan LawKhula']. Link Date of hearing : 11th February, 1981.                                                                                                          JUDGMENT MUHAMMAD HALEEM, J. The appellant herein sued for the dissolution of her marriage with Muhammad Sadiq, the brother of the fiat two respondents and the son of the third respondent, on 15th of April, 1970. Muhammad Sadiq, on 30th of May, 1970, instituted a suit for the restitution of conjugal rights and filed his written statement on 1st of July, 1970, in the suit pending against him. On 14th of July, 1970, the appellant submitted an application in which she alleged that Muhammad Sadiq had divorced her on…