Such a divorce is known as “Talak by Tafweez”. The delegation of option called “Tafweez” by the husband to his wife, confers on her the power of divorcing herself. Tafweez is of three kinds, ....

20. In case reported as Mehnaz Mehboob ..Vs.. Ishtiaq ur Rashid and another (2006 YLR 335) it has been laid down as under:-

 “Although the power to give divorce belongs to the husband, he may delegate the power to the wife or to a third person, either absolutely or conditionally, and either for a particular period or permanently. The person to whom the power is thus delegated may then pronounce the divorce accordingly. A temporary delegation of the power is irrevocable but a permanent delegation may be revoked. The pronouncement of divorce after demand had not caused public policy and principles of Muhamadan Law. Such a divorce is known as “Talak by Tafweez”. The delegation of option called “Tafweez” by the husband to his wife, confers on her the power of divorcing herself. Tafweez is of three kinds, 

(a) Ikhtiar, giving her the authority of Talak herself, 

(b) Amr-ba-Yed, leaving the matter in her own hand, and 

( c) Mushiat, giving her the option to do what she likes. All these, when analyzed, resolve themselves into one. Viz., leaving it in her or somebody else’s option to do what she or he likes. The wife cannot sue to enforce the authority alleged to have been given to her, but she sues after she has given effect to it to make the husband liable for her dower or to restrain him from seeking conjugal rights.

 Part of Judgment : 

IN THE LAHORE HIGH COURT LAHORE

WP- Family Law
12640-13

2014 LHC 5114