Case Details

Citation(s)
1982 SLG 838 1982 SLD 838 1982 PLD 532
Lahore High Court
Review Application No. 126 of 1980, decided on 10th June 1981. DATE of hearing : 9th June, 1981
MAZHARUL HAQ AND MUHAMMAD AFZAL LONE, JJ
Dr. Khalid Ranjha for Petitioner. Nemo for
Respondent No. 1. Major (Retd.) WaheedudDin Virk for
Respondents Nos. 2 and 3

DR. MASOOD KHAN

VS

CHAIRMAN, ARBITRATION COUNCIL, WAH AND 2 OTHERS --Respondents

Law:

Section:

(a) West Pakistan Rules under the Muslim Family Laws Ordinance, 1961- -- R. 3-Assumption of jurisdiction-Service of notice on Chairman of Union Council, held, condition precedent for assumption of jurisdic­tion by him for constituting Arbitration Council.-[Jurisdiction]. (b) West Pakistan Rules under the Muslim Family Laws Ordinance, 1961- -- R..'3-Words and phrases-Words `last resided' and `permanently residing', import of-Permanent or quasi-permanent abode, howsoever short stay therein may be, held, constitutes residence for purposes of sub-clause (i) of r. 3 of Rules-Person obliged to leave his place of residence and going to some other place on an occasional visit, place of such visit, held further, cannot be considered as, his residence. ­[Words and phrases]. - Mohamed Shuffi v. Laldin Abdullah I L R 3 Born. 227 ; Bowie, Ex parte Breull 16 Ch. D 484 ; Jogendra Nath Banerjee v. Elizabeth Banerjee (1899) 3 C W N 250 ; Sama Jetha's case A I R 1930 Bom. 348; Sher Singh v. Mt. Amir Kuer A I R 1927 All. 291 ; Emperor v. Janki and another A I R 1932 Nag. 85 and G. G. Ritchson v. W. L. D. Ritchson A I R 1934 Cal. 570 ref. (c) Muslin Family Laws Ordinance (VIII of 1961)- Read with West Pakistan Rules under the Muslim Family Laws Ordinance, 1961, r. 3-Applicability-Ordinance and Rules framed thereunder, held, have extra-territorial applicability and apply to all Muslim citizens of Pakistan wherever they may be.-[Interpretation of statutes]. Bright v. Bright (1909) 36 Cal. 964 and Nobel Flora Murphy v. James Lloyd Murphy A I R 1921 Born. 211 ref. (d) West Pakistan Rules under the Muslim Family Laws Ordinance, 1961- R. 3--Jurisdiction-Words 'last resided', held, have a nexus with territorial jurisdiction of a Union Council and mean residence in Pakistan and not in a foreign country.-[Jurisdiction]. (e) Muslim Family Laws Ordinance (VIII of 1961)- S. 7-Divorce-Divorce not routed through procedure contem­plated by S. 7 of Ordinance, held, does not become effective. Attorney-General v. C. H. Cooti (1817) 4 Price 183 and Sophia Odd-and another v. Allexander Skinner I L R 3 All. 91 ref. JUDGMENT MUHAMMAD AFZAL LONE, J.-The events which led to this litigation between the…
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