| Case ID |
19f0a45e-c5ca-4cd6-80ff-1812fbbbc977 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal 135 of 1985 |
| Decision Date |
Feb 17, 1986 |
| Hearing Date |
Feb 17, 1986 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, upholding the decision of the Family Court which found that the divorce (Talaq) executed by the petitioner was not effective due to non-compliance with the formalities outlined in Section 7 of the Muslim Family Laws Ordinance, 1961. The court emphasized that Talaq becomes effective only after notice is provided to the Chairman and the 90-day reconciliation period is allowed to pass. The petitioner, Ghulam Nabi, had argued that the notice was adequately served, but this was not substantiated by evidence. The court affirmed the findings of the lower courts, concluding that the divorce was deemed revoked and maintenance was rightly ordered for the respondent. |
| Summary |
This case revolves around the interpretation of the Muslim Family Laws Ordinance, particularly Section 7, which governs the process of divorce (Talaq) in Pakistan. The Supreme Court of Pakistan addressed the procedural requirements for a divorce to be valid, specifically the necessity of notifying the Chairman of the Union Council and allowing for a reconciliation period. The petitioner, Ghulam Nabi, sought to challenge a Family Court ruling that deemed his divorce ineffective due to his failure to provide proper notice to the Chairman as mandated by law. The court's decision reinforces the legal framework surrounding family law in Pakistan, particularly in matters of divorce, ensuring that due process is followed to protect the rights of both parties involved. The case highlights the importance of adhering to legal formalities in family law disputes, and it serves as a precedent for similar cases. Legal practitioners must ensure compliance with all statutory requirements to avoid complications in divorce proceedings. This ruling is significant for individuals navigating family law, as it underscores the necessity of following established legal protocols to achieve valid outcomes. Keywords such as 'Muslim Family Laws', 'divorce procedures', and 'Pakistan family law' are crucial for understanding the implications of this case within the broader context of family law in the country. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Aslam Riaz Hussain,
Mian Burhanuddin Khan,
Jan
|
| Lawyers |
Ch. Muhammad Ashraf, Advocate Supreme Court,
Maqbul A. Qadri, Advocate-on-Record,
Abdul Aasim Jafri, Advocate-on-Record
|
| Petitioners |
Ghulam Nabi
|
| Respondents |
Mst. Sakina Bibi,
Farrukh Latif
|
| Citations |
1986 SLD 841,
1986 SCMR 1350
|
| Other Citations |
Ali Nawaz Gardezi v. Muhammad Yousaf P L D 1963 S C 52,
Abdul Manan v. Safuran Nessa 1970 SCMR 845,
Muhammad Salahuddin Khan v. Muhammad Nazir Siddiqi and others 1984 SCMR 583
|
| Laws Involved |
Constitution of Pakistan (1973),
Muslim Family Laws Ordinance (VIII of 1961),
West Pakistan Family Courts Act (XXXV of 1964)
|
| Sections |
7,
5
|