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Divorce with Mutual Consent Case Laws 2014 PLD 632 LHC

2014 PLD 632 LHC Divorce with Mutual Consent

S. 7—Constitution of Pakistan, Art.199— Constitutional petition—Divorce with mutual consent of parties and on the basis of Muba’arat—Withdrawl of divorce by the husband—Non-issuance of certificate of effectiveness of divorce by the Chairman Union Council—Scope—Contention of Chairman Union Council was that husband had withdrawn divorce—Validity—Divorce deed was an agreement based upon the consent of the parties and same was signed in presence of witnesses—Husband had also informed Chairman Union Council with regard to divorce—Husband could not retract or withdraw divorce which was with mutual consent and on the basis of Muba’arat nor Chairman Union Council had authority to adjudicate upon the validity of the same—Chairman Union Council was bound to issue certificate of effectiveness of divorce and he had no power to entertain notice of withdrawal of divorce and to start proceedings on the basis thereof —Husband had no authority to revoke divorce in case of talaq -i-Muba’arat and Chairman Union Council had no authority except to issue certificate of effectiveness of divorce—Constitutional petition was accepted and Chairman Union Council was directed to issue certificate of effectiveness of divorce forthwith.

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