| Citation(s) |
|---|
| 1984 SLG 572 1984 SLD 572 1984 SCMR 583 |
Supreme Court of Pakistan
Civil Petition No. 1275 of 1983, decided on~l3-03-1984 (On appeal from the judgment dated 11-10-1983 of the Lahore High Court Lahore in Civil Revision No. 184 of 1983)
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH AND SHAFIUR RAHMAN, .JJ
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Civil Petition No. 1275 of 1983, decided on~l3-03-1984 (On appeal from the judgment dated 11-10-1983 of the Lahore High Court Lahore in Civil Revision No. 184 of 1983)
ASLAM RIAZ HUSSAIN, NASIM HASAN SHAH AND SHAFIUR RAHMAN, .JJ
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MUHAMMAD SALAHUDDIN KHAN
VS
. MUHAMMAD NAZIR SIDDIQI AND others--Respondents
Law:
Section:
Muslim Family Laws Ordinance (VIII of 1961------ S. 7(1)(3)-Talaq-Talaq would become effective only after notice of Talaq given to Chairman and period of three months provided for bringing out a reconciliation between parties expired--Husband when does not give a notice of Talaq to Chairman, it can be deemed that he has revoked Talaq---No notice of Talaq given by husband to Chairman as required by S. 7(1)-Held, in view of express provisions of S. 7(3) Talaq was yet to become effective. Muhammad Rafique v. Ahmad Yar P L D 1982 Lah. 825 not approved. Ali Nawaz Gardezi v. Muhammad Yusuf P L D 1963 S C 51 and Abdul Mannan v. Sufuran Nessa 1970 SCMR 845 affirmed. Irshad Ahmad Qureshi, Advocate Supreme Court and Ch. Qamar-ud-Din Khan Meo, Advocate-on-Record for Petitioner. Mushraq Masud, Advocate Supreme Court and Wajid Hussain, Advocate-on-Record for Respondents Nos. 1 to 6. Date of hearing: 13th March, 1984. ORDER NASIM HASAN SHAH, J.-The petitioner was married to Mst. Tahira Siddiqui and started living with her in Libya, where she was working as an Assistant Matron in the Central Hospital, Tripoli. On 30th March, 1975, the petitioner sent to her a deed of divorce which reads as follows:- "As my first wife (who is also my first cousin) and you, Tahira Siddiqi, could not pull on together, I am left with no choice but to divorce you and do here by pronounce upon you TALAQ - TALAQ-TALAQ. In view of your getting me a good job in Libya and other financial assistance, I should not have done this, but as I have to choose one of the two wives, I cannot leave my first cousin (i. e. my first wife). Anyhow, be sure, that I will fulfil all my financial commitments with you regarding dower, etc. (Sd.) M. Salahuddin Khan." Shortly, thereafter, Mst. Tahira was taken ill and hospitalized on 2nd April, 1975. Mere she was given an overdose of some sleeping pills on 5th April, 1975; where after she fell into a coma and lost consciousness. Since the petitioner had severed all relations with her be took absolutely no interest in her ailment or in her fate. Her family was notified about her condition at Lahore and a brother of the petitioner reached Libya to see her. While she was…
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