Citation Name: 2023 CLC 2025 LAHORE-HIGH-COURT-LAHOREBookmark this Case Dr. HASSAN SHAHRYAR vs SANA WAQAR S

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Citation Name: 2023 CLC 2025 LAHORE-HIGH-COURT-LAHOREBookmark this Case Dr. HASSAN SHAHRYAR VS SANA WAQAR S.7---Notification S.R.O.No.1086(K)61, dated 09-11-1961---Constitution of Pakistan, Art. 201---Decision of High Court---Binding effect---Principle---Plea raised by petitioner was that Notification S.R.O.No.1086(K)61, dated 09-11-1961 was not applicable as it had been struck down by Islamabad High Court---Validity---No verdict as such was passed by Lahore High Court, therefore, Notification S.R.O.No.1086(K)61, dated 09-11-1961, was fully in vogue in Punjab---Relief could not go beyond provincial boundary to affect any other province or Area or its people. Citation Name: 2023 CLC 2025 LAHORE-HIGH-COURT-LAHOREBookmark this Case Dr. HASSAN SHAHRYAR VS SANA WAQAR Ss. 2 (b) & 7---Rules under the Muslim Family Laws Ordinance, 1961, R. 3 (b)---Notification S.R.O.No.1086(K)61, dated 09-11-1961---Specific Relief Act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Divorce proceedings---Jurisdiction---Parties had settled in USA, after their marriage in Lahore but relations became strained and divorce proceedings were initiated before authorities in USA---Petitioner / defendant / husband initiated divorce proceedings under S.7 of Muslim Family Laws Ordinance, 1961, before Union Council concerned in Lahore, Pakistan---Respondent / plaintiff / wife invoked jurisdiction of Civil Court and got injunction against divorce proceedings before Union Council concerned---Suit filed by respondent / plaintiff was rejected---Lower Appellate Court allowed appeal and remanded the matter to Trial Court for decision afresh---Validity---Union Council and/or Chairman, which would have jurisdiction in the matter would be the Union Council and/or the Chairman within whose territorial jurisdiction respondent / plaintiff / wife was residing at the time of pronouncement of divorce---Wife was residing abroad during such time---As per notification S.R.O.No. 1086(K)61 dated 09-11-1961, officers of Pakistan Mission abroad were authorized to discharge functions of Chairman under Muslim Family Laws Ordinance, 1961---Chairman, Union Council at Lahore had no authority to exercise such authority which he had exercised---High Court in exercise of revisional jurisdiction declined to interfere in the matter---Revision was dismissed, in circumstances.

Citation Name: 2023 CLC 2025 LAHORE-HIGH-COURT-LAHOREBookmark this Case Dr. HASSAN SHAHRYAR vs SANA WAQAR S — 2023 CLC 2025 LAHORE-HIGH-COURT-LAHORE

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