MUHAMMAD ASHRAF vs ADDITIONAL DISTRICT JUDGE S — 2022 MLD 170 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 170 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD ASHRAF vs ADDITIONAL DISTRICT JUDGE S
Subject matter: Civil
Provisions referred to: S. 7---T; S. 7; Muslim Family Laws Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ASHRAF VS ADDITIONAL DISTRICT JUDGE S.7---Talaq (divorce)---Non-issuance of talaq certificate---Effect---Petitioner (ex-husband of deceased) assailed the dismissal of his application for revocation of succession certificate issued in favour of the sister of deceased---Factum of passing a decree for dissolution of marriage and the date of death of the deceased was not disputed by the parties---Stance of petitioner was that the deceased had been living with him as his wedded wife till her death as reconciliation was made between them after fifteen days of passing of the decree, which did not have legal effect because no notice in terms of S.7(1) of the Muslim Family Laws Ordinance, 1961, was sent to the Chairman Union Council concerned by the Court---Validity---Section 7 of the Muslim Family Laws Ordinance, 1961, was inserted to provide a procedure to the spouses to give another thought about their decision---Law-framer had the intention to make a flow to realize the consequences they would face after divorce but it did not mean that the Council established through such promulgation was empowered to examine the scope/validity of talaq---Significance was only to streamline the completion of process of divorce and non-following the provisions of S.7 did not affect the validity of divorce---Constitutional petition was dismissed.

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