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Pronouncing of Divorce Case Laws 2014 MLD 254

Pronouncing of Divorce | Case Laws on Pronouncing of Divorce

Pronouncing of Divorce,Latest Case Laws and Citation about Pronouncing of Divorce on Lawkidunya, Read 2014 MLD 254 Judgment on Pronouncing of Divorce, Section 7 of Constitution of Pakistan, Art. 199—Constitutional petition—Divorce, pronouncement—Fiqah Jafria—Parties were husband and wife inter se and dispute between them was regarding pronouncing of divorce—Grievance of husband was that divorce was not properly pronounced and executed hence was invalid—Validity—In divorce deed there was no mention that husband or authorized person recited Seegha or pronounced Talaq, orally in a set form of Arabic words to wife by her name—It was mentioned in certificate of Talaqnama that it was decided to issue Seegha of Talaq on behalf of husband but it was not mentioned therein that such decision was acted upon and followed by pronouncement of oral Talaq or recitation of Seegha/Khutba Talaq—Such certificate of Talaqnama did not say about pronouncement of Talaq in prescribed form in presence of witnesses, though names of two witnesses were mentioned therein with their signatures like attesting witnesses of Talaqnama but for its pronouncement, their evidence was not recorded in court—Though Talaqnama was followed by divorce deed but it also did not fulfil requirements of earlier document—Divorce pronounced by husband to wife was not valid Talaq or valid repudiation in accordance with requirement of Fiqah Jafria and, therefore, the same was not effective under Shia doctrine of Talaq—As valid Talaq was precondition for exercise of jurisdiction under S.7(1) of Mulsim Family Laws Ordinance, 1961, or initiating proceedings under it and as Talaq in question was invalid, therefore, wife was not liable to act upon such invalid Talaq and as such any proceedings, if initiated, on the basis of invalid Talaq would be illegal and without lawful authority and of no binding effect—Husband was at liberty to pronounce fresh Talaq to his wife keeping in view the requirements prescribed under Shia law and thereafter, wife would act in accordance with without any delay—Petition was disposed of accordingly.

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