Law:

Section:

(a) Muslim Family Laws Ordinance (VIII of 1961)-------S. 7---Chairman of Arbitration Council---Extent of Authority---Chairman, Arbitration Council had no authority to adjudicate upon validity or otherwise of Talaq pronounced by husband or his delegatee (wife)---Arbitration Council is constituted only for purpose of bringing about reconciliation between parties and in event of its failure, Talaq ipso facto, becomes effective. on expiry of 90 days of the receipt of notice under S. 7, Muslim Family Laws Ordinance, 1961. Mst. Fahmida Bibi v. Mukhtar Ahmad and another PLD 1972 Lah.694; Muhammad Salahuddin Khan v. Muhammad Nazir Siddiqui and others 1984 SCMR 583 and Dr. Razia v. Mushir Ahmed Pesh Imam and another 1988 CLC 467 rel. (b) Muslim Family Laws Ordinance (VI1I of 1961)--- ____S. 7---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Husband (respondent) delegating right of Talaq (Tafweez) to wife at the time of marriage, which fact was duly incorporated in Nikahnama---Right of Talaq was, however, subjected to condition that wife would exercise the same with permission of elders of family---Wife had placed on record affidavits of her father, mother and uncle in support of her assertion that she had pronounced Talaq with their permission---Chairman, Arbitration Council had no authority to go into the validity of Talaq or the factum of permission---Order passed by Chairman, Arbitration Council that pronouncement of Talaq was ineffective was declared to be without lawful authority and of no legal effect. Manzoor Hussain v. Chairman, Arbitration Council, Union Council, Jalal, Tehsil and District Gujranwala and 4 others 1988 CLC 2061 ref. JUDGMENT This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 calls in question an order passed by the Chairman, Arbitration Council, Ward No.4, Lahore Cantonment, holding that notice of Talaq served by the petitioner upon him under section 7 of the Muslim Family Laws Ordinance, 1961 was ineffective and invalid. 2. Ms. Shema Farooq, petitioner herein, was married to respondent No.2 on 9-2-1990. At the time of marriage, respondent No.2 had delegated to the petitioner the…

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