Conjugal Rights & Divorce in Pakistan:
In Conjugal rights against wife, Wife takes the plea that she has been divorced and issued Nadra divorce certificate in Pakistan as a result mentioned in divorce deed. Such a suit was not maintainable while accepting divorce in Pakistan. Trial Court decreed the case of husband for restitution of conjugal rights on the ground that agreement of wife had failed to prove service of notice of divorce on husband, No issue on the question of relationship exists even Nadra divorce certificate in Pakistan is issued after divorce in Pakistan.
Sending Notice:
Sending notice to Union Committee by wife during divorce in Pakistan was required. The wife was held prejudiced relating to the defendant against suit for restitution of conjugal rights. On account of the wrong issue, Petitioner had been denied the due opportunity of defense in a suit for restitution of conjugal rights.” Notice of divorce in Pakistan required by S. 7 Muslim Family Laws Ordinance (1961) is not mandatory. Under injunctions of Islam, any divorce in Pakistan pronounced or written by a husband cannot be ineffective or invalid in Islam merely because its notice has not been given even if Nadra divorce certificate in Pakistan is issued.
Maintenance By Arbitration Council:
Maintenance awarded by Arbitration Council without hearing respondent (husband) Validity of Petitioner assailed the decision of Chairman Arbitration Council and dismissed his revision by District Officer (Revenue). Plea of the petitioner that he divorced the respondent with notice to Nazim concerned and that maintenance was awarded without hearing him & ultimately divorce in Pakistan was issued. The writ petition was partly allowed to modify the impugned decision. It was held that no error of approach or jurisdictional jurisdiction had been found in the impugned judgment, requiring interference in Constitutional jurisdiction. It was further held that the respondent had been found entitled to maintenance until the divorce in Pakistan became’ effective and for the Iddat period until Nadra divorce certificate in Pakistan is issued. Petition partly allowed.
Divorce in Pakistan:
During a divorce in Pakistan husband executed Talaqnama divorcing wife. Still, before the expiry of 90 days and before the Nadra divorce certificate in Pakistan is issued in terms of S. 7(3), he intimated to the Chairman that he wanted instead he had withdrawn the notice of the divorce in Pakistan whether had become complete and binding and could not be revoked to make it a force according to Hanafi Fiqah before the divorce in Pakistan by the husband to the Chairman.
Sending Divorce Notice:
After sending notice of the divorce in Pakistan issue was not framed by Court in a suit for restitution of conjugal rights against the wife while taking the plea that she having been divorced as a result of agreement and oath mentioned in the divorce deed, such suit was not maintainable. While accepting the fact of divorce, Trial Court decreed the case of husband, for restitution of conjugal rights on the ground that will be failed to prove service of divorce on husband, No issue on the question of fact relating to notice to Union Committee by the wife. Wile, held, was prejudiced relating to defense against suit for restitution of conjugal rights. On account of the wrong issue, Petitioner had been denied the due opportunity of defense in a suit for restitution of conjugal rights, and no Nadra divorce certificate in Pakistan was issued.
