--S. 7--- Divorce (Talaq)--- Scope---Husband can divorce his wife if he wishes, during subsistence of marriage; however, under the provisions of S. 7 of the Muslim Family Laws Ordinance, 1961, a notice ...............

 2022 Y L R 181

[Peshawar]

(a) Specific Relief Act (I of 1877)---

----Ss. 42, 54 & 55---Suit for declaration, permanent and mandatory injunction---Partition of immovable property---Scope---Plaintiffs/respondents filed suit for declaration, permanent/ mandatory injunction and possession through partition being widow and daughter of deceased---Suit was resisted by the defendants/petitioners on the grounds that the deceased had divorced his wife during his lifetime and that he was also issueless---Trial Court partially decreed the suit---Appeal filed by both the parties was dismissed---Validity---Plaintiffs in support of their version got recorded the statement of record keeper of (National Database and Registration Authority) NADRA who produced NADRA record wherein plaintiffs were shown recorded as wife and daughter of the deceased---Plaintiffs also produced birth certificate wherein one of them was recorded as daughter of deceased---Defendants, on the other hand, produced retired Secretary Union Council who produced certified copy of the divorce register, however, he could not produce any proof qua his being employed in the concerned Union Council---Divorce register was not brought on record through an official of the concerned Union Council and the original was also not before the Court---Defendants had also failed to discharge the burden of proof qua issuance of general power of attorney in favour of their predecessor by the deceased---Revision petition filed by the defendants was dismissed and that of plaintiffs was allowed as prayed for, in circumstances.

(b) Muslim Family Laws Ordinance (VIII of 1961)---

----S. 7--- Divorce (Talaq)--- Scope---Husband can divorce his wife if he wishes, during subsistence of marriage; however, under the provisions of S. 7 of the Muslim Family Laws Ordinance, 1961, a notice to that effect shall be given to the Chairman of the Union Council or a person appointed by the Government in this behalf and; shall also supply a copy thereof to the wife and; after receipt of the notice, Chairman shall constitute an Arbitration Council for the purpose of reconciliation between the parties and; the Arbitration Council shall take all steps necessary to bring such reconciliation and; upon failure of such reconciliation and expiration of ninety days, Talaq would become effective.

(c) Qanun-e-Shahadat (10 of 1984)---

----Arts. 117 & 118---Burden of proof---Scope---Burden of proof lies upon the person who is the beneficiary of a document.