Law:

Section:

Muslim Family Laws Ordinance (VIII of 1961)------Ss. 7' & 8---Constitution of Pakistan (1973), Art.199---Constitutional petition---Divorce by mutual consent of parties---Parties had handed over and taken over articles of dowry, therefore, parties' case was not covered by S.7, but under S.8, Muslim Family Laws Ordinance, 1961---No special procedure having been prescribed under S.8 of the Ordinance, provisions of S.7, Muslim Family Laws Ordinance, 1961, have been made applicable, subject, however, to conditions of "so far as applicable" ---Provision of S.7 of the Ordinance deals only with divorce by husband and cases of other forms of divorce recognised by Islam would not be covered by it---Divorce having been effected by parties through mutual agreement, same was "Talaq Mubaraat" and irrevocable--­Divorce deed having been executed between parties of free will and benefits taken thereof, such course would disentitle husband of any relief against issue of divorce certificate in Constitutional jurisdiction. Syed Ali Nawaz Gardezi v. Lt.-Col. Muhammad Yusuf PLD 1963 SC 51; Shah Muhammad v. Muhammad Yousuf and another 1970 SCMR 481; Muhammad Salahuddin Khan v. Muhammad Nazir Siddiqi and others 1984 SCMR 583; Ghulam Nabi v. Farrukh Latif and 2 others 1986 SCMR 1350 and, Muhammad Shahbaz Ahmad v. Sher Muhammad and another 1987 CLC 1496 ' ref. ORDER The relevant facts for the decision of this Constitutional petition are that the petitioner and respondent No. l married in accordance with the Muslim rites but unfortunately they could not pull on well. The result was that the spouses decided mutually to dissolve the marriage and petitioner executed divorce deed on 24-2-1997 on a stamp paper. The copy of the same was supplied by the father of respondent No. l to Chairman, Arbitration Council, Ward No.92, Lahore, who issued the notices to the parties. The petitioner appeared and made application on 31-3-1997 for withdrawal of the notice while respondent No. 1 took up the position that since the divorce has been effected as per consent of the both parties the same could not be withdrawn. Respondent No.2 after hearing the arguments declined the application of the…

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