This case, inter alia, involves following questions of law:

i. Whether the learned Civil Court is vested with the jurisdiction to try the declaratory suit, inter alia, regarding the reconciliation proceedings, issuance of certificate of effectiveness of divorce in the light of Section 5 of the West Pakistan Family Courts Act, 1964 ("Act, 1964")?

ii. Whether a husband loses the right to pronounce talaq, once such right is delegated to the wife?

Held: In terms of Section 5(1) of the Act, 1964 read with Entry No.1 of Part-I of the Schedule appended thereto as also Entry No.10 thereof, exclusive jurisdiction in family matters is conferred upon the Family Court, therefore, dissolution of marriage in all its modes and manners including khula and talaq-e-tafweez falls within purview of the jurisdiction of the Family Court and Civil Court had no jurisdiction to entertain the suit of the respondent.

As regards the second question, it is held that even if a husband delegates his right of talaq to the wife, the said act of the husband does not mean that the husband has denounced his own right to pronounce the talaq and intimate factum of pronouncement of talaq to the Union Council concerned, for further proceedings leading to the issuance of certificate of effectiveness of divorce in terms of provisions of the Muslim Family Law Ordinance, 1961.