Pronouncement of Talaq is necessary.

19. In case reported as Dr. Qambar Murtaza Bokhari ..Vs.. Mst. Zainab Bashir (PLD 1995 Lahore 187) it has been observed as under:- 

“Under Mahomedan Law husband enjoys an absolute power of divorce to his wife. He may delegate this power to his wife by way of a contract. As a man in person repudiates his wife so he may commit the power of repudiation to his wife to repudiate herself. This power may be conferred on a third party as well.] (Wilson Anglo Mahmodan Law, Edn. VI and Baillie Digest of Mahomedan Law, Book III, Chapter III). When such power of repudiation is conferred on the wife or some third person the divorce will take effect, if the power so conferred is exercised. (Mahomedan Law by Tayyabjee and Buffatan Bibi v. Sh. Abdul Salim AIR 1950 Calcutta 304). This power can be a conditional power or rests upon the happening of some contingencies. It can also be unconditional. When it rests upon the happening of certain contingencies then the wife should exercise the delegated power of divorcing herself when the condition entitling her to exercise that power is fulfilled. But if that power is unconditional she may exercise the same when and where required. In both these circumstances a formal pronouncement of Talaq is necessary.”

 Part of Judgment : 

IN THE LAHORE HIGH COURT LAHORE

WP- Family Law
12640-13

2014 LHC 5114