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

7. It is argued by the learned counsel for respondent No.1 that oral Talak is not effective as no notice was given by him and the concerned Union Council has not issued a certificate of effectiveness of Talak. This argument is fully answered by august Supreme Court of Pakistan in a case reported as “Ghulam Shabir Shah v. The State” (1983 SCMR 942) held as under:- 

“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 17 th 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.”  

Part of Judgment : 

IN THE LAHORE HIGH COURT LAHORE

RAWALPINDI BENCH, RAWALPINDI

WP- Family Law
3045-14

2015 LHC 5006