Law:

Section:

(a) Muslim Family Laws Ordinance (VIII of 1961)-------Ss. 1(2) & 7---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Dissolution of marriage, notice of---Nationality of parties---Authorities received notice of divorce from husband but having come to know that the wife was British national and the husband had acquired nationality of Zimbabwe, declined to proceed any, further under the provisions of Muslim Family Laws Ordinance, 1961--­Validity---Nothing to such effect was on record nor it had been urged by the parties that they had ceased to be citizens of Pakistan or if so in what circumstances and through what process---In absence of such express relinquishment of Pakistani citizenship, both the parties would continue to fall within the ambit of S.1(2) of Muslim Family Laws Ordinance, 1961---All the provisions of Muslim Family Laws Ordinance, 1961, were applicable to the parties---Order passed by the authorities was set aside and the case was remanded to them for proceeding on the notice of divorce---Petition was allowed accordingly. Muhammad Salah-ud-Din Khan v. Muhammad Nazeer Siddiqi 1984 SCMR 583; Muhammad Asad v. Mst. Hamira Naz 2000 CLC 1725; Ahmed Nadeem v. Chairman, Arbitration Council 1991 MLD 1187; Mst. Saboohi Sarfraz v. Chairman; Arbitration Council 1999 MLD 1115; Saima Rasheed v. Imran Riaz 1993 CLC 1331; Amira Bokhari v. Jamil-ud-Din PLD 1994 Lah. 236 and Attorney-General v. C. H. Cooti (1817) 4 price 183 ref. (b) West Pakistan Rules under the Muslim Family Laws Ordinance, 1961--- -----R. 3(b)---Notice of divorce---Scope---Where wife to whom divorce had been pronounced was actually residing within the territorial jurisdiction of one or the other union council, the provisions of R.3(b) of West Pakistan Rules under the Muslim Family Laws Ordinance, 1961, were applicable. (c) West Pakistan Rules under the Muslim Family Laws Ordinance, 1961--- -----R. 3-A---Notice of divorce---Service through press proclamation--­Pre-requisites---Where the whereabouts of wife or her relatives are not known at all; in such situation the provisions of R.3-A of West Pakistan Rules under the Muslim Family Laws Ordinance, 1961, are applicable and…

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