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Sardar ALI ZIA KHAN vs The ARBITRATION COUNCIL S — 2025 CLC 22 ISLAMABAD

Case information

Citation
2025 CLC 22 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
CLC
Parties
Sardar ALI ZIA KHAN vs The ARBITRATION COUNCIL S
Subject matter
Civil
Provisions referred to
S. 7---C; S. 13---C; S. 7; S. 13; Civil Procedure Code (V of 1908); 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

Sardar ALI ZIA KHAN VS The ARBITRATION COUNCIL S.7---Civil Procedure Code (V of 1908), S. 13---Constitution of Pakistan, Art. 199---Constitutional petition---Divorce Effectiveness Certificate---Foreign judgment---Effect---Petitioner and respondent were husband and wife but the relationship ended in divorce pronounced by foreign Court of competent jurisdiction---Respondent / Arbitration Council declined to issue Divorce Effectiveness Certificate---Validity---Provision of S. 7 of Muslim Family Laws Ordinance, 1961 merely regulates process of recognition by requiring parties to abide by mandatory process, involving 90-day reconciliation period, before divorce is recognized as being effective---Foreign Court in California issued proclamation with regard to dissolution of marriage of parties during pendency of instant petition---Neither party contested jurisdiction of foreign court to do so---Such pronouncement had to be given effect in terms of S. 13, C.P.C.---There was nothing preventing respondent / Arbitration Council from issuing a certificate of effectiveness of divorce in terms of S. 7(3) of Muslim Family Laws Ordinance, 1961 in view of the judgment of dissolution of marriage already issued by a competent foreign court---Constitutional petition was allowed, in circumstances.

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