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Genuineness of Divorce Certificate 2015 PLD 50 LHC

2015 PLD 50 LHC Genuiness of Divorce Certificate

S. 7—Constitution of Pakistan, Art. 199—Constitutional petition—“Divorce certificate “—Respondent-wife had challenged genuineness of divorce certificate issued by Secretary, Union Council in an earlier constitutional petition which was disposed of by High Court holding that she had remedy to approach Inspecting officer/Assistant Director Local Government and Rural Development Department-Respondent ­wife filed revision before the Assistant Director Local Government who set aside the divorce certificate,

Petitioner had challenged the Assistant Director’s said order through present constitutional petition-” Validity— When High Court disposed of respondent wife’s earlier petition in 2011-12, law applicable to the case was Punjab Load, Government Ordinance, 2001 and not the Punjab Local Government Ordinance, 1979—Punjab Local Government Ordinance, 2001 did 01 authorize Assistant Director, Local Government and Rural Development Department to look into genuineness of divorce certificate -issuance of certificate of talaq could not be challenged under Muslim Family Laws Ordinance, 1961 or Local Government Ordinance, 2001—Under Muslim Family Laws Ordinance, 1961 Chairman of the Arbitration Council was not empowered to issue divorce certificate ,

Petitioner having participated in proceedings before Assistant Director/Inspecting officer, was estopped from challenging the order of that authority—Petitioner (husband) was found to have not sent the notice of talaq /divorce to respondent in original nor copy thereof was sent to the Secretary, Union Council—Even if an order had been passed without jurisdiction yet if such order advanced the cause of justice, court should not interfere with such order as neither any fraud and forgery committed by anyone should come in the way of justice nor constitutional jurisdiction could be invoked in aid of injustice—Impugned order advanced the cause of justice by setting aside a document obtained by fraud and forgery— Constitutional petition was dismissed.

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