Jurisdiction of Union Council for Issuing Divorce certificate

Jurisdiction of Union Council for Issuing Divorce certificate

Section 7 ;;;; Rules under the Muslim family law Ordinance 1961, R.3(b)…. Notification/SRO. No. 1086(K)/61, dated 09-11-1961—Divorce certificate, issuance of …. Territorial Jurisdiction of chairman, Reconciliation committee; scope…. Wife no residing in Pakistan at the time of pronouncement of talaq… under R.3(b) of the Rules under the Muslim Family Law Ordinance 1961 (the rules) the basic factor which determined the jurisdiction of the union council and /or the chairman of entertaining and proceeding on  notice of divorce (talaq) under sub section (1) of section 7 of the Muslim family Laws Ordinance 1961 (the ordinance) was the place where the wife was residing at the time of pronouncement of divorce (talaq)….. Union council and or the chairman which would have jurisdiction in the matter would be  the union council and or the chairman within whose territorial jurisdiction the wife was residing at the time of pronouncement of divorce… At the time the husband in the present case, was alleged to have pronounced divorce upon the wife both of the were permanently residing in the foreign country USA however the husband was stationed in another foreign country Germany due to his job… in such circumstances the chairman Reconciliation committee based in Pakistan did not have jurisdiction in the matter and erred in issuing the impugned divorce certificate….. since the husband and the wife were national of Pakistan and a foreign country USA and were permanently residing in said foreign country at the relevant time, therefore the husband should have approached the authorized officer of the concern Pakistan mission in the foreign country under section 7 of the Ordinance— divorce certificate issued by the chairman Reconciliation committee (based in Pakistan) was held to be  of no legal effect and was accordingly set aside— constitutional petition was allowed in circumstance.

PLD 2019 Lahore 285