Ss. 22-A & 22-B- Art. 199-Constitutional petition-Divorce through telephone or sms. Ex-husband of petitioner had allegedly Divorced her orally through telephone and sms. Petitioner contracted second marriage. Respondent/uncle of ex-husband moved application before Justice of Peace alleging that petitioner had married another man during subsistence of her marriage. Justice of Peace issued directions to Station House officer to register case against petitioner-Validity---Ex-husband of petitioner was neither impleaded as a party nor came forward before the court for his impleadment---Dowry articles of petitioner were returned to her on the order of the Family Court, which showed acceptance of separation-Procedure for pronouncing Divorce had been prescribed by the legislature in its best wisdom in order to ensure the sanctity of institution of marriage recognizing Divorce as a last option-Question was as to what would become of society if Divorces were allowed to take effect merely on basis of sms-Prerequisite for pronouncing a Divorce was peace of mind, and the purpose and objective of such act should be made known to the witnesses present at the spot by the husband-Wording of the sms sent by the ex-husband, in the present case, did not categorically mention the said pre-requisites-Constitutional petition was disposed of with the observation that factum of Divorce would be properly addressed and adjudicated upon by the Family Court in the suit for restoration of conjugal rights filed by ex-husband.
.. Divorce through sms.
2015 PLD 231
LHC Rafiq Khan
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