Law:

Section:

(a) Muslim Family Laws Ordinance (VIII of 1961)--­---S.7---Constitution of Pakistan (1973), Arts.185(3) & 199---Divorce---Notice to Chairman---Leave to appeal was granted to examine whether, factual controversy having been raised before the High Court, respondent's constitutional petition could have been allowed; also if need be to examine whether in the circumstances admitted and established in the case, it could at all be held that the appellant stood divorced before filing of the maintenance application; or that in case of a negative answer, respondent would have to send a fresh notice---Question with regard to effectiveness of alleged divorce also required examination. (b) Muslim Family Laws Ordinance (VIII of 1961)--- ---S.7---Notice of divorce to Chairman union council and copy of notice to wife--­Wife's application for maintenance filed after the expiry of ninety days from the service of notice, was not maintainable as she was no longer wife of the respondent---Chairman, under the law, was bound to give effect to the divorce after the period of ninety days and could not proceed with the application for maintenance filed after more than six months. Mushtaq Ahmad v. Collector Lahore 1986 C L C 2312(2) rel. JUDGMENT ALI HUSSAIN QAZILBASH, J.---This appeal, by leave, arises from the judgment of a learned Single Judge of the Lahore High Court, dated 28-9-1988. 2. The facts as given in the appeal are that the appellant was married to respondent No.3 about ten years earlier. Out of the wedlock, a son and a daughter (who died later on) were born. The temporary custody of the son is with the respondent No.3. 3. The spouses could not pull on amicably, therefore, respondent No.3 on 7-1-1986, sent a notice of divorce to the Chairman, Union Council No.67 Dhalam, District Sialkot. The said notice remained pending with the Chairman on the objection that the same was not genuine. The appellant then filed an application with the Chairman Union Council praying for maintenance allowance .at the rate of Rs.3,000 per month against the respondent. Respondent No.3 was accordingly served with a notice, who submitted an application for the transfer of the case, which was…

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