--Principles as to when oral Talaq given thrice becomes irrevocable and effective---Non-issuance of notice of Talaq to ...............

 2024 MLD 1749

Khan Muhamd vs Additional District Judge, jaranwala

Talaq, pronouncement of---Determination---Principles as to when oral Talaq given thrice becomes irrevocable and effective---Non-issuance of notice of Talaq to Chairman, Union Council---Effect---Entitlement of wife for recovery of maintenance allowance in case of 'disobedience'---Scope---Contention of husband was that he had Divorce d his wife, therefore, she was not entitled to maintenance allowance and she had also received gold ornaments at the time of marriage between parties, which was evident from Nikahnama---Validity---Oral Talaq, given thrice had become irrevocable and effective the moment same had been pronounced---High Court observed that oral Talaq would become effective and binding in spite of absence of notice under the requirement of S.7 of Muslim Family Laws Ordinance, 1961(Ordinance), as legal effect of not supplying of Divorce notice to the wife was not provided in express terms in S.7 of the Ordinance qua effectiveness of Divorce ---There is no provision either in the Ordinance or the Rules requiring the Chairman or the Arbitration Council to give a decision or to issue a certificate to make the Divorce effective---If the Chairman issues the certificate it is not under any provision of law and has no legal effect---High Court observed that a disobedient wife living separate from her husband without any reason should not be paid maintenance allowance for the period she had not performed her matrimonial obligations, but in lieu of her breastfeeding to the minor during the said period she was entitled to receive maintenance allowance/compensation from the father of the child---Mere oral evidence brought on record by wife to prove that gold ornaments were not delivered was not sufficient to negate the document admitted by both the parties, therefore, no reliance could be placed on the oral testimony---Person can tell a lie but documents do not---High Court set aside the decree passed by the Appellate Court and upheld the decree passed by the Trial Court with the modification that wife shall also be entitled to recover maintenance allowance for a period of 2½ years for breastfeeding the minor-