2022 M L D 170
[Lahore]
MUHAMMAD ASHRAF
Versus
ADDITIONAL DISTRICT JUDGE and others-
(a) Muslim Family Laws Ordinance (VIII of 1961)---
----S.7---Talaq (divorce)---Non-issuance of talaq certificate---Effect---Petitioner (ex-husband of deceased) assailed the dismissal of his application for revocation of succession certificate issued in favour of the sister of deceased---Factum of passing a decree for dissolution of marriage and the date of death of the deceased was not disputed by the parties---Stance of petitioner was that the deceased had been living with him as his wedded wife till her death as reconciliation was made between them after fifteen days of passing of the decree, which did not have legal effect because no notice in terms of S.7(1) of the Muslim Family Laws Ordinance, 1961, was sent to the Chairman Union Council concerned by the Court---Validity---Section 7 of the Muslim Family Laws Ordinance, 1961, was inserted to provide a procedure to the spouses to give another thought about their decision---Law-framer had the intention to make a flow to realize the consequences they would face after divorce but it did not mean that the Council established through such promulgation was empowered to examine the scope/validity of talaq---Significance was only to streamline the completion of process of divorce and non-following the provisions of S.7 did not affect the validity of divorce---Constitutional petition was dismissed.
(b) Constitution of Pakistan---
----Art.199---Constitutional jurisdiction---Scope---High Court ordinarily is not inclined to interfere with the findings of fact recorded by the courts below, particularly when they are not shown to be contrary to record or arbitrary or whimsical.
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