Importance of Column 18 in case of Divorce
Citation Name : 2010 YLR 1632 ISLAMABAD
Side Appellant : ALI ABBAS KHAN
Side Opponent : Mst. PALWASHA KHAN
Ss.5 7 & 8—Constitution
of Pakistan (1973), Art. 199—Constitution petitioner—Dissolution of
marriage—Exercising power of Talaq-e-Tafweez—Respondent / wife
sent a divorce deed to petitioner / husband on the basis of purported
exercise of right of divorce allegedly delegated to her by the husband
endorsed in column No.18 of Nikahnama–Wife
also sent copy of divorce deed to the Chairman Arbitration Council along
with notice under S. 8 of Muslim Family Laws Ordinance, 1961 for
constitution of Arbitration Council—Husband had alleged that he never
gave any right of divorce to wife nor any such powers were endorsed at
the time of Nikah—Husband had also alleged that impugned order rendered
by Chairman Arbitration Council was against the law and without
authority as the “Shary Haqooq” as mentioned in column No.18 of
Nikahnama, would not mean that he had delegated the right of divorce to
wife—Husband had asserted that certificate of effectiveness of divorce
was issued by the Council without any lawful authority—Wife had
contended that she had rightly exercised the power of Talaq-e-Tafweez
given to her by the husband in column No.18 of the Nikahnama and that
Chairman Arbitration Council had rightly issued certificate of
effectiveness of Talaq—Validity—Held, it was not a Shari Right of a
wedded woman to get divorce upon herself without specific delegation of
such power by the husband—Counsel for respondent / wife had not been
able to prove that a woman could divorce upon her as a Shari Right—Words
mentioned in column No.18 of Nikahnama, did not vest any power in wife
to exercise right of Talaq-e-Tafweez—No power was delegated by the
husband to wife to exercise right of Talaq-e-Tafweez upon her—If such
type of words were allowed to be considered as a right of
Talaq-e-Tafweez, it would mean that whatever was incorporated against
column No.18, would be presumed as a Talaq-e-Tafweez—Husband in the
present case had specifically denied that no such power was given to
wife at the time of Nikah—Divorce deed, in circumstances, was executed
without any legal basis by the wife and same had no value in the eye of
law—Impugned order passed by Chairman Arbitration Council was also not
in accordance with law and was liable to be set aside.
