Law:

Section:

(a) Muslim Family Laws Ordinance (VIII of 1961)----- ----S.7---Divorce---Written notice of divorce---Limitation---Person having pronounced Talaq in any form, was required to give Chairman a written notice of his having done so. and would supply copy thereof to the wife---Such notice of Talaq to wife was a requirement of law and was mandatory---Absence of intimation to wife about notice of Talaq to Chairman would suspend the count of days till wife would get copy of notice or intimation thereof---In absence of proof of delivery of copy of divorce deed to wife, she would be deemed to have got intimation or notice about divorce deed only when defendant would make disclosure about it in his written statement. (b) West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 & Sched ---Suit for maintenance---Since wife got intimation about notice of Talaq to .Administrator on 28-2-2001, time would start from that date and in that way ninety days having expired on 29-5-2001, Talaq would become effective from that date, and wife would be entitled to maintenance till 29-5-2001---Enhancement of rate of maintenance by Appellate Court was based upon proper reasoning and appreciation of material on record---Same would not suffer from any legal infirmity. (c) West Pakistan Family Courts Act (XXXV of 1964)--- ----S.5 & Sched.---Limitation Act (IX of 1908), Art.103---Suit for recovery of dower amount---Limitation---Starting point---Period of three years provided for recovery of dower amount under Art. 103 of Limitation Act, 1908, would start from the notice of divorce to concerned Council and wife. ORDER The questions involved in the above three petitions are common and inter linked, therefore, they are being disposed of by this single order. The fact leading to this order are that petitioner Sohail Karim and respondent Nisha Ayaz Khan married at Karachi on 21-6-1997. Rs.10,00,000 was the dower to be paid promptly. Also the husband undertook to pay Rs.1,00,000 as pocket money to the wife every month­ Unfortunately the relations between the couple did not remain cordial for long and they separated form each other. The date and the year of separation is controversial as…

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