Pakistan Case Law
1987 SCMR 608

GHULAM NATI Versus FARRUKH LATIF

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Citation1987 SCMR 608
CourtSupreme Court of Pakistan
Judge(s)Aslam Riaz Hussain and Mian Burhanuddin Khan

ORDER

1. MIAN BURHANUDDIN KHAN, J โ€‘โ€‘ By this petition review is sought of the order of this Court, dated 17โ€‘2โ€‘1986 passed in Civil Petition

2. II No. 135 of 1985 on the ground that the observation of this Court is

3. 1 that Talaq between the parties could not be effected before the expiry of a period of ninety days from the date of delivery of notice to the Chairman as provided by section 7 of the Muslim Family Laws Ordinance, 1961. In this respect it is submitted by the learned counsel that the provision of law had already been complied with in the instant case because respondent No. 3 Mst. Sakina Babi had accepted the Talaq with her free consent through the Panchayat and on the notice she had appeared before the Chairman, Union Council and certified her consent. It is further contended that if the requirement of ninety days as observed by this Court is mandatory, even then the Talaq has become effective on 14โ€‘10โ€‘1982 as the notice of Talaq was delivered to the Chairman as well as to respondent No. 3 on 14โ€‘7โ€‘1982.

2. We have examined the contentions raised by the learned counsel and find no force in them. The order of this Court speaks on the subject clearly without any ambiguity or legal error. It was observed in the impugned order that if the petitioner so desired he can serve notice on respondent No. 3 and thereafter pursue the remedies available to him under the law, which culminate into final divorce, Thus we find no merit in this review petition which is, consequently dismissed.

4. M.I. /Gโ€‘3/S Review petition dismissed.

Cited by 3 cases

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