Certificate and Divorce Before Consummation of Marriage:
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In the present case, two of the sisters were admittedly minors while one of them was major, and the mother also enjoyed a share in the property as a widow. The question was where a conveyance was affected by three or four persons of whom one or more were minors represented by his de facto guardian whether such a conveyance was void in so far as it affected the minor or minors, or against the other executants who were sui juris and competent to make conveyance of their shares in the immoveable property.
High Court observed that if the conveyance was void qua the minor represented by the de facto guardian, it was void as a whole. The void contract was entirely void, and if a part of it had no effect, the other part could not stand by itself and be operative for divorce certificate in Pakistan or divorce before consummation of marriage. The applicant had contended that the mother of the plaintiff did not object during her lifetime. As such, objection from the plaintiff was not to be considered. Such contention of the applicant was also not substantial and could not sustain.
Agreement by a person of infirmity due to lunacy or juvenility was void ab initio and had no worth in the eye of law. Even an agreement, which was void ab initio, could not be rectified by the minor after attaining the age of majority. For a void document, the question of limitation would not arise, and the same did not specifically require cancellation of divorce certificate in Pakistan or divorce before consummation of marriage.
Certificate of Divorce in Pakistan:
Admitted fact of divorce certificate in Pakistan or divorce before consummation of marriage after the execution of the alleged sale deed, purported to be executed in 1946, was sufficient to declare the sale deed as a highly dubious document. High Court maintained judgment of appellate forum below. The civil revision was dismissed accordingly.
removal of guardian:
Appointment and removal of guardian of minors was in question. The grandfather of minors applied for the issuance of a guardianship certificate after the divorce certificate in Pakistan or divorce before consummation of marriage. In contrast, the minors’ mother was alive. it fixed the case within three days. Still, neither specific notice was issued to the minors’ mother for her appearance, nor any publication was made in the newspapers.
Provisions of S.11:
Provisions of S.11(a) of the Guardians and Wards Act, 1890, provided that the Court was duty-bound to cause notice, and its service would be directed, strictly by the provisions of O. V, it did not properly serve CPC. Mother of the minors about an application filed in the Court by the grandfather of minors for grant of guardianship certificate, regarding her minor children. Court issuing guardianship certificate did not follow the mandatory provisions of law on divorce certificate in Pakistan or divorce before consummation of marriage, which was a total disregard of the provisions of Guardians and Wards Act, 1890 and caused severe injury to mother of the minors/wards.