PLD 2023 Lahore 38
Suit for dissolution of marriage --- Fiqah - e - Jafria --- Non - pronounce ment of seegha --- Effect --- Petitioner assailed order passed by Family Court whereby the marriage between the petitioner and respondent was dissolved on the basis of Khula in view of their statements recorded on the same day --- Contention of petitioner was that according to Shia personal law , the marriage could not be dissolved unless the " Seeghajaat " were read in presence of the parties wither by the husband or his representative / nominee / wakeel in presence of respondent or her representative / nominee / wakeel --- Validity --- Shia male could always pronounce divorce in accordance with Shia Law which would be protected only by reading the " Seeghajaat " directly or through a representative / wakeel in the presence of female her representative / wakeel whereafter divorce could become effective --- Such exercise could be undertaken in the present case even with retrospective effect , if need be
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