PLJ 2009 Lahore
523
Present: Anwar-ul-Haq Pannun, J.
SHAHZAD MUNIR--Petitioner
versus
NAZIM/CHAIRMAN ARBITRATION COUNCIL U.C. 139,
LAHORE
and 2 others--Respondents
W.P. No. 2113 of 2009, decided on 31.3.2009.
Constitution of Pakistan, 1973--
----Art. 199--Constitutional petition--Nazim union
council has no power to revoke the certificate of talak--Pronouncing upon her
three consecutive talaq baim--Divorce-deed drawn on judicial stamp paper was sent
to his wife as well as chairman reconciliation--After elapsed a period of
ninety days, chairman issued a certificate of effectiveness of talaq--Naib
Nazim issued a certificate while cancelling certificate of effectiveness of
talaq through impugned certificate--Validity--Naib nazim was directed to appear
before Court--Nazim appeared alongwith the record instead of naib nazim and
appraised to Court that naib nazim has died and there is no record available
with U.C. reading impugned certificate--Being the position, instant petition
was disposed of with the observation that as there is no record with U.C.
regarding the certificate at it appears that it has been manipulated--Held:
After elapse of more than two years, the Naib Nazim has no authority whatsoever
to revoke the certificate of talaq. [P.
] A
Rao Manzoor-ul-Haq Khan, Advocate for Petitioner.
Mr. Fawad Malik, A.A.G. for Respondents.
Date of hearing: 31.3.2009.
Order
Through this petition, the petitioner has challenged the
order dated 5.7.2006 passed by Respondent No. 2/Naib Nazim, Union Council No.
139, Green Town Lahore.
2. The necessary
facts giving arise for filing the instant petition are that the petitioner was
married with Mst. Huma Irshad daughter of Irshad Ahmad, resident of House No. 120-5-A-II,
Township, Lahore, according to Muslim Rites. The amount of prompt dower was
paid at the time of Nikah. The Nikah of the spouses was registered with Union
Council No. 139, Green Town, Lahore
as required under the law. For a period of about 2« years after the marriage
the spouses lived peacefully and amicably, according to the petitioner,
however, within the passage of time the differences between the parties cropped
up and resultantly some unhappy incident also took place between the spouses and
efforts of reconciliation remained abortive. The petitioner on 12.12.2003
divorced Huma Munir daughter of Irshad Ahmad by pronouncing upon her three
consecutive Talaq/Talaq Baim and terminating the relation of husband and wife
between the spouses. The divorce deed, duly drawn up judicial stamp paper, was
sent to Mst. Huma Munir as well as Chairman. Reconciliation/Arbitration
Council. A period of ninety days elapsed, after the pronouncement/sending of
the notices to the Chairman Arbitration Council, Union Council No. 139 issued a
certificate of effectiveness of Talaq as required under Section 7 of the Act.
Copies of the notice of Talaq and the certificate of effectiveness of Talaq
issued by the Union Council No. 139 dated 15.4.2004, have been appended with the
petition. It is also averred in the writ petition that the ex-wife of the
petitioner tried to snatch some property from him by posing herself as his wife
with active help and connivance of her brother whereupon the petitioner had
fled a suit for permanent injunction against the respondents who was also
arrayed as defendant in the suit which was decreed vide judgment and decree
dated 13.6.2005 passed by the learned Civil Judge, Lahore. The Respondent No. 2
Malik Shabbir Hussain Khokhar after about a period i.e. 15.4.2004 to 5.7.2006,
issued a certificate while canceling the certificate of effectiveness of Talaq
through the impugned certificate dated 5.7.2006 with the connivance of the
ex-wife of the petitioner "Annex-E".
3. Learned counsel
aggrieved of the certificate/order dated 5.7.2006 has challenged it on the
ground that under no law, Naib Nazim, Union
Council has the authority whatsoever to revoke the
earlier order of the effectiveness of Talaq, therefore, the impugned order
dated 5.7.2006 may kindly be set aside
declaring to have been passed without jurisdiction being illegal and having no
legal effect.
4. Vide order
dated 26.4.2009 the Respondent No. 2, Naib Nazim, Union Council No. 139 was
directed to appear before the Court for today. Instead of Respondent No. 2,
Khalid Ahmad Butt, Nazim, Union Council has appeared alongwith the relevant
record and appraised to the Court that Respondent No. 2 has died and there is
no record available with the Union Council regarding impugned certificate dated
5.7.2006. Moreover, he does not own the document as having been issued by the
Union Council. This being the position, this petition is disposed of with the
observation that as there is no record with the Union Council regarding the
certificate dated 5.7.2006 and it appears that it has been manipulated. Had it
been validly issued, the record of the same should have been available with the
Union Council. Moreover, after elapse of more than two years, the Naib Nazim,
Union Council has no authority whosoever to revoke the certificate of Talaq.
(R.A.) Petition
disposed of.
