| Case ID |
e4cef304-3caa-4f6d-98b6-7a553dd34c29 |
| Body |
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| Case Number |
Civil Appeal No. 64-K of 1989 |
| Decision Date |
Jul 28, 1992 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeal to the extent that it confirmed the finding of the High Court that the divorce pronounced by the husband was not valid as it was not in accordance with the Fiqah Jafria to which the parties belonged. The High Court's decision to declare certain provisions of Section 7 of the Muslim Family Laws Ordinance as invalid was restricted since the parties had not raised this issue. The court emphasized that constitutional questions should only be decided when necessary for the case's resolution. The decision clarified that the divorce was invalid and the status of the parties as husband and wife continued to exist. The appeal was allowed with no order as to costs. |
| Summary |
The case revolves around the interpretation of the Muslim Family Laws Ordinance, particularly Section 7, in the context of a divorce declared by the husband, respondent No. 5. The couple, married under Fiqah Jafria, faced disputes leading to the husband's declaration of divorce. The case was escalated to the Supreme Court after the High Court ruled the divorce invalid due to non-compliance with Shia law. The Supreme Court upheld the High Court's ruling, emphasizing the importance of adhering to the principles of Fiqah Jafria for divorce validity. The case highlights the complexities of personal law in Pakistan, particularly regarding divorce and the jurisdiction of family courts versus constitutional matters. The Supreme Court's decision reinforced the necessity of following religious protocols in personal matters and limited the scope of constitutional review unless explicitly challenged by the parties, ensuring stability in family law jurisprudence. Keywords: divorce validity, Muslim Family Laws Ordinance, Fiqah Jafria, Supreme Court of Pakistan, constitutional law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
FEDERATION OF PAKISTAN,
Mst. TAHIRA BEGUM
|
| Judges |
AJMAL MIAN,
SAJJAD ALI SHAH,
SALEEM AKHTAR
|
| Lawyers |
Not available
|
| Petitioners |
Mst. TAHIRA BEGUM
|
| Respondents |
FEDERATION OF PAKISTAN
|
| Citations |
1994 SLD 893,
1994 SCMR 1740
|
| Other Citations |
Not available
|
| Laws Involved |
Muslim Family Laws Ordinance, 1961,
Constitution of Pakistan, 1973
|
| Sections |
7,
185(3)
|