“We notice that the learned counsel for the
petitioner has taken it as a ground for the first
time that the divorce pronounced orally in
October 1979 or in writing in January, 1980 was
such as to fall outside the provisions of sections 7
and 8 of the Family Laws Ordinance. Not even
the divorce document has been placed on record
to make out this ground. What we find is that the two courts dealing with the question have
recorded a finding that the divorce was
pronounced by the petitioner on 17th of January,
1980, that it was a divorce as envisaged under
section 7 of the Muslim Family Laws Ordinance
and it required notice and did not become
effective till 90 days expired after such notice.
Reading sections 7 and 8 together we find no
such distinction as is sought to be made out by
the learned counsel for the petitioner.”
1983 SCMR 942
Used in judgment of
Lahore High Court
WP- Family Law
3045-14
0 comments:
Post a Comment