| Case ID |
1a94a7d1-3b51-4113-9052-37d2b1b4721e |
| Body |
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| Case Number |
Civil Appeal No.148 of 1989 |
| Decision Date |
Oct 31, 1989 |
| Hearing Date |
|
| Decision |
The appeal was dismissed with costs as the appellant could not substantiate the proceedings. The court found that the notice of divorce was duly served on January 7, 1986, and the Chairman was bound to give effect to the divorce after the stipulated period of ninety days. Consequently, the appellant was no longer considered the wife of Manzoor Ahmad Sahi at the time of filing the maintenance application on July 22, 1986. The court emphasized that the Chairman/Vice Chairman of the Union Council had no authority to award maintenance once the divorce was effective, as established in the precedent case of Mushtaq Ahmad v. Collector Lahore. |
| Summary |
This case revolves around a divorce dispute under the Muslim Family Laws Ordinance (VIII of 1961) and the Constitution of Pakistan (1973). The Supreme Court of Pakistan addressed the legal implications of a divorce notice served to the Chairman of the Union Council and its subsequent impact on maintenance claims. The ruling elucidated the requirement for timely processing of divorce notices and clarified that a wife's maintenance application becomes untenable if filed after the effective date of divorce. This case highlights the importance of adhering to legal procedures in family law matters, particularly concerning divorce and maintenance rights. Keywords such as 'Muslim Family Laws Ordinance', 'divorce notice', 'maintenance application', and 'Supreme Court of Pakistan' are essential for understanding the legal context and implications of this ruling. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HALEEM C.J.,
SHAFIAR RAHMAN,
SURD SAOOD,
ALI HUSSAIN QAZILBASH,
NAINSUDDIN
|
| Lawyers |
S. Abul Aasim Jafri, Advocate-on-Record for Appellant,
Ch. Irshad Ahmad Virk, Advocate Supreme Court,
Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondent No. 3
|
| Petitioners |
Mst. NAZIRAN
|
| Respondents |
2 others,
THE COLLECTOR, SIALKOT
|
| Citations |
1990 SLD 795,
1990 SCMR 803
|
| Other Citations |
Mushtaq Ahmad v. Collector Lahore 1986 C L C 2312(2)
|
| Laws Involved |
Muslim Family Laws Ordinance (VIII of 1961),
Constitution of Pakistan (1973)
|
| Sections |
7,
185(3),
199
|