Case Details

Citation(s)
2006 SLG 2271 2006 SLD 2271 2006 CLC 1544
Lahore High Court
Writ Petition No.6792 of 2004, decision dated: 28-03-2006.
SARDAR MUHAMMAD ASLAM, J

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Syed MUSA RAZA RIZVI through Special Attorney

VS

Mst. SYEDA FARKHANDA JABEEN RIZVI and another

Law:

Section:

Muslim Family Laws Ordinance (VIII of 1961)-------S. 7---Constitution of Pakistan (1973), Art.199---Constitutional petition---Divorce---Conciliation proceedings---Not issuing of certificate of effectiveness of divorce----Marriage tie between the parties having. ended in divorce, petitioner, who was abroad sent first divorce notice to the wife, duly attested by Consular, Embassy of Pakistan copy of which was sent to Chairman Union Council---Second and third notice were also sent and petitioner also appointed his attorney as his representative in conciliation proceedings---Conciliation proceedings were conducted, but on their failure, certificate of effectiveness of divorce, was not issued by Chairman Union Council on the ground that divorce deed received by him was doubtful and had not been sent through the Embassy---Original divorce deed placed on record had been attested by Consular, Embassy of Pakistan---Special Power of Attorney in favour of attorney of petitioner was also attested by Consular, Embassy of Pakistan---Said documents had negated stand of Chairman Union Council and he had committed illegality floating on the surface of record in holding that document of Divorce and Power of Attorney were not attested by the Embassy---Constitutional petition was .allowed and order passed by Chairman Union Council was set aside, with the result that proceedings of conciliation would 'be deemed to be pending before the Chairman, who would decide same afresh within specified time. Mian Sarfraz-ul-Hassan for Petitioner. Ch. Muhammad Suleman, Addl. A.-G. for Respondents. ORDER SARDAR MUHAMMAD ASLAM, J.---The petitioner was married with respondent No.1 on 21-9-1994. The marriage tie ended in diyorce. First notice of divorce, dated 22-10-2003 was sent to respondent No.2. It was attested by Consular, Embassy of Pakistan in (Rome) Italy. A copy was also sent to respondent No.1. Similarly second and 3rd notices were sent on 1-12-2003 and 29-12-2003, respectively. Respondent No.2 issued notices to the parties for appointing their representatives in conciliation proceedings. The petitioner appointed Shahzada Arshad Baig as his representative vide letter, dated 27-2-2004.…
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