Law:

Section:

(a) Muslim Family Laws Ordinance (VIII of 1961)---S. 7(1) read with Principles of Muhammadan Law---Mubara't---­Khula'-Talaq-Wife stating to have been released from wedlock by her husband. by pronouncing Talaq and executing Talaqnama and parties having received their belongings from each other-No mention made of waiver of dower in wife's application-Nor any evidence led to such effect by husband-Talaq 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 arise-Talaq, 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 Law-Khula']. 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--- 7-Whether S. 7 of Ordinance applies to cases of Khula' or Mubara't [Quaere].-[Muhammadan Law--Khula']. Kh. Muhammad Farooq, Advocate and Ch. Akhtar Ali, Advocate-on., Record for Appellant. Qazi Abdul Rashid, Advocate and Y. H. Zaidl, Advocate-on-Record for Respondents. 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 21st of April, 1970, in the presence of Jirga members who had assembled to decide the dispute and annexed alongwith it a copy of the written Tataqnama. She also alleged therein that each party had returned to the other whatever belongings they had of the other and prayed…

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