Law:

Section:

West Pakistan Family Law Rules-- ----R. 3(b)--Constitution of Pakistan, 1973, Art. 199--Constitutional petition--Territorial jurisdiction of union council--Notice of divorce was filed by wife--Challenged due to file before a wrong forum--In Nikahnama a right of divorce was delegated--Right of divorce was exercised by the wife--Question of delegation of right of divorce--Confusion regarding territorial jurisdiction of union councils which were adjacent to each other--Notice of divorce was submitted with U.C. No. 98 who refused to accept it citing territorial jurisdiction--Residence of the female was within territorial jurisdiction of U.C. 97--Scope of--Held: The Union Council within whose the jurisdiction the lady exercising the right of divorce resides--Where the nikah was registered or where the husband resides. West Pakistan Family Courts Act, 1964 (XXXV of 1964)-- ----Scope and purpose of--To facilitate the woman in exercising her rights and to save her from getting entangled in legal and procedural formalities in approaching different fora and Courts of law for redressal of her grievance--Held: Language of the rule has to be given its literal interpretation and right of divorce exercised either by husband or by the wife has to be notified to the union council where the wife/woman resides at the relevant time. West Pakistan Family Courts Act, 1964 (XXXV of 1964)-- ----Ss. 7 & 8--Muslim Family Laws Rules, 1916, R. 3(b)--Non-delegation of the right of divorce--Prima facie--Right once granted cannot unilaterally be revoked--Question of validity of revocation of right divorce document--Notice of divorce was filed before wrong forum--Nikahnama was registered with U.C. 98 while the lady resides within territorial jurisdiction of U.C. 97--Confusion regarding territorial jurisdiction of both union councils--Union Council entertained the notice and summoned the parties for reconciliation participated in the proceedings--Coram non judice, illegal without jurisdiction--Held: High Court summoned both parties and provided them yet another opportunity to reconcile--Effort did not succeed either appeared to be hell bent on keeping his wife hanging and stuck in legal…

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