MUHAMMAD ADIL NAWAZ BHATTI vs CHAIRMAN UNION COUNCIL NO — 2025 PLD 340 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PLD 340 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PLD
Parties: MUHAMMAD ADIL NAWAZ BHATTI vs CHAIRMAN UNION COUNCIL NO
Subject matter: Family
Provisions referred to: 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 ADIL NAWAZ BHATTI VS CHAIRMAN UNION COUNCIL NO. 116-EME 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---Pakistan origon spouses living abroad having developed strained relations---Divorce proceedings, carrying out of---Jurisdiction/Authority---Pakistan Consulate/Mission abroad and Chairman Union Council in Pakistan---Chairman Union Council (respondent) refused to issue to the petitioner divorce effectiveness certificate on the plea that under the Notification S.R.O. No. 1086(K)61 dated 09.11.1961 (SRO)Pakistan Consulate/Mission abroad had the authority in matter-in-hand---Petitioner (Overseas Pakistani) filed constitutional petition against the said refusal contending that SRO in question had been struck down by the Islamabad High Court---Validity---Said S.R.O. was fully in vogue in Punjab as no verdict as such had been passed by the Lahore High Court---A relief cannot go beyond the provincial boundary and affect any other province or area or its people---Thus, as per Notification S.R.O. No. 1086(K)61 dated 09.11.1961, officers of Pakistan Mission abroad are authorized to discharge the functions of Chairman under the Ordinance 1961, and the Chairman, Union Council/respondent had no authority to deal with the matter in hand in respect of divorce---Thus, the impugned order passed by the respondent/Chairman Union Council (respondent) had rightly been passed while construing law on the subject, which did not need any interference by the High Court---Constitutional petition, having no force and substance, was dismissed, in circumstances.

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