2014 PLD 494 LHC Judgment Talaq Or Divorce Certificate: Ss. 3(1) & 7—Qanun-e-Shahadat (10 of 1984), Arts. 17 & 79—Constitution of Pakistan. Art.199—Constitutional petition—Notice of divorce—issuance of certificate of effectiveness of divorce—Contention of petitioner-wife was that she contracted marriage with the respondent-husband, however, rukhsati did not take place and notice of divorce issued by the respondent-husband from abroad was not as per law and thereafter, arbitration proceedings were not conducted properly by the Administrator Union Council as neither the respondent-husband himself appeared nor any arbitrator appeared on his behalf for reconciliation proceedings—
Validity—Respondent-husband had not denied the execution of the divorce deed/notice of talaq , therefore, the provisions of Art.79 of the Qanun-e-Shahadat, 1984 were not attracted, particularly when the petitioner-wife herself admitted the receipt of divorce deed—issuance of certificate of talaq was a technicality which did not find mention in the provisions of Muslim Family Laws Ordinance, 1961 and talaq became effective automatically after 90 days from receipt of notice of talaq by the Nazim/Administrator of the Union Council—As per Injunctions of Islam, the right of divorce had been conferred upon man who could give divorce to his wife at any time and no encumbrance was put upon the man to give divorce to his wife though the same was one of the things most disliked by God—Constitutional petition was Dismissed.