Mst. SHARIFAN vs ABDUL KHALIQ AND ANOTHER

' A pre-admission notice was issued to the respondents on 1st February, 1983, in response thereto the learned counsel for respondent No, 1 has filed counter-affidavit today. The contention-in- evolved in the petition is that the failure certificate issued by the Chariman, Arbitration Council, Mirpurkhas, after having received notice tinder section 7 of the Family Laws Ordinance, 1961 is wholly without jurisdiction as at the relevant time the petitioner who was the wife of respondent No, 1 was residing admittedly at Karachi and in accordance with the rule 3 (b) of the West Pakistan Rules under the Family Laws Ordinance, 1961 such notice should have been given to the Chairman of the area where the petitioner was residing at the relevant time e. g. When the divorce was given.

The contention raised on behalf of the petitioner appears to be correct on the language of sub-rule

(b) of rule 3 and I accordingly admit this petition to regular hearing. However, as the contesting respondent has appeared on a pre-admission notice and I have heard him on length on this point I will dispose of this petition as a regular petition.

2. Under section 7 (1) of the Muslim Family Laws Ordinance, 1961 if a person wishes to divorce his wife he is required to send intimation of the Talaq to the Chairman in writing haying done so and is also required to supply a copy thereof to the wife. Under sub-rule (b) of rule 3 of the rules framed under Muslim Family Laws Ordinance such a notice of `Talaq' is to be given to the Chairman of the Union Council where the wife at the relevant time was residing when the `Talaq' was pronounced.

The learned counsel for respondent No, 1 has produced before me a copy of notice under section 7

(1) of the Muslim Family Laws Ordinance, 1961 which shows that at the relevant time when the 'Talaq' was pronounced by the respondent No, 1 the petitioner was residing at Quarter No, 61 Korangi, Bus-stop 52, Karachi-31. In this view of the matter the copy of the notice under section 7 (1) of the Muslim Family Laws Ordinance, 1961, should have been A endorsed by the respondent No, 1 to the Chairman of the Korangi Area, where the petitioner was residing at the time the `Talaq' was pronounced and he alone could issue the failure certificate as required under the law. The failure certificate issued by the Chairman of the Arbitration Council, Mirpurkhas is therefore of no legal value and effect and I accordingly declare it as such. It will be open to the petitioner to send a copy of the notice under section 7 (1) of the Muslim Family Laws Ordinance, in accordance with rule 3 (b) of the Rules framed under Muslim Family Laws Ordinance to the Chairman concerned who could take proceedings thereon in accordance with the law. The petition is allowed accordingly but there will be no order as to costs.