Wife Residing Abroad Case Laws 2013 CLC Islamabad 108

2013 CLC Islamabad 108 Divorce Wife Residing Abroad, Section 7 West Pakistan Rules under Muslim Family law Ordinance 1961. talaq (divorce)- wife residing abroad-serving of notice on wife, effectiveness of – arbitration council jurisdiction of- proceedings for dissolution of Marriage, custody of minor and equitable distribution of property initiated by wife in the foreign court- husband was alleged to have prepared a forged divorce deed in Pakistan with the intention to frustrate said proceeding before foreign court- contention of wife was that she residing abroad and was not served notice of talaq by Arbitration council in accordance with section 7 of Muslim Family law Ordinance 1961 and that arbitration council had failed to appreciate her objection about her non residence within its territorial jurisdiction- validity- perusal of reply affidavit submitted by wife before foreign court showed that she had knowledge about pronouncement of talaq and proceedings before the arbitration council in Pakistan- Rule 3(b) of west Pakistan Rules under Muslim Family Law Ordinance 1961 clearly provide that where she last resided would have jurisdiction for the purpose of notice therefore contention of wife regarding jurisdiction needed no further discussion.

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