Divorce proceedings --- Jurisdiction --- Parties had settled in USA , after their marriage in Lahore but relations became............

2023 CLC 2025

 Divorce proceedings --- Jurisdiction --- Parties had settled in USA , after their marriage in Lahore but relations became strained and divorce proceedings were initiated before authorities in USA --- Petitioner defendant / husband initiated divorce proceedings under S.7 of Muslim Family Laws Ordinance , 1961 , before Union Council concerned in Lahore , Pakistan --- Respondent / plaintiff wife invoked jurisdiction of Civil Court and got injunction against divorce proceedings before Union Council concerned --- Suit filed by respondent / plaintiff was rejected --- Lower Appellate Court allowed appeal and remanded the matter to Trial Court for decision afresh --- Validity --- Union Council and / or Chairman , which would have jurisdiction in the matter would be the Union Council and / or the Chairman within whose territorial jurisdiction respondent / plaintiff / wife was residing at the time of pronouncement of divorce --- Wife was residing abroad during such time --- As per notification S.R.O.No. 1086 ( K ) 61 dated 09-11-1961 , officers of Pakistan Mission abroad were authorized to discharge functions of Chairman under Muslim Family Laws Ordinance , 1961 --- Chairman , Union Council at Lahore had no authority to exercise such authority which he had exercised ---