Where a wife has to file notice of Talaq
Citation Name : 2010 YLR 1 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Khawaja MUHAMMAD SHOAIB
Side Opponent : NAZIM UNION COUNCIL
Ss. 7 & 8— West Pakistan
Rules under the Muslim Family Laws Ordinance, 1961, R.3(b)—Constitution
of Pakistan (1973), Art.199—Constitutional petition—Notice of
divorce—Territorial limits—Effect–-Petitioner had challenged
the notice of divorce filed by wife in the concerned Union Council on
the ground that such notice was required to be filed at a place of
residence of the spouse against whom such right was to be exercised–-Wife
controverted the assertions submitted by petitioner and contended that
the provisions of R.3(b) of the West Pakistan Rules under the Muslim
Family Laws Ordinance, 1961 applied mutatis mutandis to wife and she
could file such notice at the place where she resided—Validity—Language
of the rule asserted by petitioner was to be given its literal
interpretation and the right of divorce exercised either by husband or
by wife had to be notified to the Union Council where the wife/woman
resided at the relevant time—Section 8 read with S.7 of the Muslim
Family Laws Ordinance 1961 and R.3(b) of the West Pakistan Rules under
the Muslim Family Laws Ordinance 1961 clearly showed that the Union
Council within whose territorial limits the woman resided, had the
requisite jurisdiction in the matter—High Court declined to interfere in
constitutional jurisdiction.
