Citation Name: 2023 CLC 1673 LAHORE-HIGH-COURT-LAHOREBookmark this Case LIAQAT ALI vs CHIEF OFFICER, MUNICIPAL

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Citation Name: 2023 CLC 1673 LAHORE-HIGH-COURT-LAHOREBookmark this Case LIAQAT ALI VS CHIEF OFFICER, MUNICIPAL COMMITTEE, GOJRA Khula---Form of Talaq---Re-union---Principle---Such kind of dissolution of marriage is known as "Talaq-ul-Baayen", and in such like case, intervening marriage (Halala) is not a condition precedent for re-union of spouses, however, only condition is to perform fresh nikah. Citation Name: 2023 CLC 1673 LAHORE-HIGH-COURT-LAHOREBookmark this Case LIAQAT ALI VS CHIEF OFFICER, MUNICIPAL COMMITTEE, GOJRA Ss.5 & 21 (3)(b)---Muslim Family Laws Ordinance (VIII of 1961), S.7(3)---Constitution of Pakistan, Arts. 199 & 230---Constitutional petition---Khula---Effectiveness of divorce---Issuance of certificate---Council of Islamic Ideology, role of---Petitioner's real brother since deceased was married to respondent, which relationship ended in divorce on the basis of Khula---Petitioner sought issuance of Divorce Effectiveness Certificate but authorities referred the matter to Council of Islamic Ideology---Contention of respondent was that she had reconciled with her husband during his life time therefore, decree of divorce was not effective on her rights---Validity---Decree for dissolution of marriage did not become ineffective merely because copy to Chairman was not sent by Court within prescribed period---Effectiveness would be reckoned from the date of due service and efflux of requisite period---It was not shown that decree was sent by Court within 3 days, however, as copy of decree was received by Union Council on 27-8-2016, therefore, period of 90 days was to commence therefrom---Presence of word "revoke" in S. 7(3) of Muslim Family Laws Ordinance, 1961 and its conspicuous absence in S.21(3)(b) of Family Courts Act, 1964, left no manner of doubt that decree of Khula could only become ineffective if within 90 days a reconciliation had been affected between the spouses on the basis of mutual or bilateral arrangement---Unless there was mutuality, reconciliation had not been effected between the parties and decree did not become ineffective for the purpose of S.21(3)(b) of Family Courts Act, 1964---Composition, functions and procedure of Council of Islamic Ideology and its role in terms of Art.230 of the Constitution was of advisory nature---Primary object of Council of Islamic Ideology was to advise Parliament, Provincial Assembly, President or Governor to ensure conformity of laws with the Injunctions of Islam---Matter was between private individuals and it could not have been referred to Council of Islamic Ideology---High Court directed the authorities to issue Divorce Effectiveness Certificate and set aside order passed by the authorities---Constitutional petition was allowed accordingly. Citation Name: 2023 CLC 1673 LAHORE-HIGH-COURT-LAHOREBookmark this Case LIAQAT ALI VS CHIEF OFFICER, MUNICIPAL COMMITTEE, GOJRA S.5---Muslim Family Laws Ordinance (VIII of 1961), S.7---Talaq and Khula---Distinction---Divorce by way of Khula is equal to right of Talaq available to husband---Two divorces are fundamentally different---In case of Khula, divorce is not by wife rather Court acts as a substitute for husband and decree for dissolution of marriage virtually partakes character of pronouncement of divorce---To dissolve marriage by way of Khula although husband's consent is not needed yet wife has to satisfy Court in order to get decree for dissolution of marriage---Husband has right to revoke divorce whereas wife has no authority to revoke decree for dissolution of marriage unilaterally---Revocation can only take place through reconciliation with mutual consent of the parties---Wife has right to remarry her husband again after solemnizing Nikkah without the intervention of third person, as pronouncement of Khula by Court would amount to a single divorce.

Citation Name: 2023 CLC 1673 LAHORE-HIGH-COURT-LAHOREBookmark this Case LIAQAT ALI vs CHIEF OFFICER, MUNICIPAL COMMITTEE, GOJRA Khula — 2023 CLC 1673 LAHORE-HIGH-COURT-LAHORE

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