Law: Muslim Family Laws Ordinance, 1961

Section: 7

Law: Muslim Family Laws Ordinance, 1961

Section: 7

Muslim Family Laws Ordinance (VIII of 1961)-------S. 7---Constitution of Pakistan (1973), Art.199---Constitutional petition---Divorce---Revocation---Limitation---Husband could revoke divorce before expiry of 90 days from the date when he delivered notice to the Chairman---Where the Chairman declared the divorce effective despite the fact that according to his own order, husband had withdrawn/revoked notice within the period of 90 days, order declaring divorce effective by the Chairman was illegal and liable to be set aside. Abdul Salam Awan for Petitioner. Ch. Majid Hussain for Respondent. Date of hearing: 7th February, 2007. JUDGMENT SYED SAKHI HUSSAIN BOKHARI, J.---In this constitutional petition, the petitioner has prayed for setting aside order, dated 25-5-2005 passed by respondent No.2 (Syed Moeen Arif Chairman, Arbitration Council, U.C. No.108 Gulshan-e-Iqbal Allama Iqbal Town, Lahore). 2. Relevant facts for the disposal of this writ petition are that petitioner was married to Mst. Marriam Rafiq (respondent No.1). He pronounced Talaq and intimation was given to respondent No.2. However, later on petitioner had withdrawn/revoked divorce (Talaq) and accordingly made statement before respondent No.2 on 13-12-2005. The matter was resolved and parties started living in cordial manner. The parents of plaintiff were not happy over the reunion of the parties and they pressurized respondent No.2 to issue certificate regarding effectiveness of notice of `Talaq'. Respondent No.2 vide order, dated 25-5-2005 declared that `Talaq' has become effective. Hence this writ petition. 3. I have heard the arguments and perused the record. 4. As mentioned above petitioner was married to Mst. Marriam Rafiq (respondent No.1) and on 25-11-2003 he divorced her. He also sent notice of `Talaq' to respondent No.2 (Chairman, Arbitration Council U.C. No.108 Gulshan-e-Iqbal, Allama Iqbal Town, Lahore), who declared notice `Talaq' effective vide order dated 25-5-2005. The case of petitioner is that he had withdrawn/revoked notice of `Talaq' on 13-12-2003, therefore, according to section 7 of Muslim Family Laws Ordinance, 1961 respondent No.2 could not declare the same effective, hence…

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