Syeda WAJIHA HARIS vs CHAIRMAN, UNION COUNCIL NO,7, LAHORE

ORDER

UMAR ATA BANDIAL, J.---This petition is directed against notice received by the petitioner from respondent No,1, Chairman U.C. Informing her about the notice of divorce served by respondent No,2, husband of the petitioner and offering reconciliation proceedings under, the Muslim Family Law Ordinance, 1961. ("Ordinance"). Both the petitioner and respondent No,2 are residing in Romania. Learned counsel for the petitioner submits that "S.R.O. No,1086(K)/61, dated 8-11-1961 empowers Ministry of Foreign Affairs to appoint officers of Pakistan Mission abroad to discharge functions of Chairman under the aforesaid Ordinance". Learned counsel for respondent No,2 submits that the respondent No,2 has written to the Pakistanis Mission in Bucharest Romania informing them about the divorce pronounced by him. It is obvious that for foreign resident Pakistani the law has created a remedy and forum for reconciliation between the spouses under the Ordinance in the Pakistan missions in the countries of their residence. In the first instance, the respondent No,2 should avail that remedy. In case such remedy is not available then any other competent forum may be approached by him for. Relief.

2. Accordingly, it is directed that the respondent No,2 shall approach the Pakistan Mission in Romania to register the divorce pronounced by him upon the petitioner and for reconciliation proceedings visualized under the Ordinance to be undertaken there. As a consequence the proceedings before the respondent No,1 are declared to be incompetent and therefore illegal. Writ petition is accordingly allowed.