Marriage between petitioner and respondent was solemnized in accordance with provisions of Muslim Family Law Ordinance, 1961 in Pakistan. Respondent divorced petitioner which was.............

 1998 MLD 85.
Farah Khan V/S
Tahir Hamid Khan & another (Lah.)

Marriage between petitioner and respondent was solemnized in accordance with provisions of Muslim Family Law Ordinance, 1961 in Pakistan. Respondent divorced petitioner which was endorsed by Arbitration Council. Validity. Originally both petitioner and respondent were Pakistani citizens and after three years of marriage only respondent had acquired citizenship of USA. Muslim Family Laws Ordinance, 1961, would extend to whole of Pakistan and applied to all muslim citizens of Pakistan wherever they might be in terms of S.(2) of the Ordinance. Provisions of Muslim Family Laws Ordinance, 1961, could be invoked where one of the party to marriage was Muslim citizen of Pakistan. Even if it was presumed that Arbitration council had no jurisdiction to entertain notice of talaq given by respondent under provisions of S.7 Muslim Family Law Ordinance, 1961, right of talaq vested in husband under Sharia had not been taken away from any Muslim, irrespective of the country to which he belonged. Despite restrictions contained in Muslim Family Laws Ordinance, 1961, husband’s right of talaq would prevail as given to him under Quranic injunctions. Divorce pronounced by respondent had, thus, taken effect under Islamic injunctions even if notice to Arbitration council intimating such talaq or subsequent proceedings taken in that regard and certificate issued by Arbitration council endorsing effectiveness of talaq, were ignored. Constitutional petition also suffered from laches which would not warrant interference by High court at such belated stage when talaq under Sharia had already become effective.