Recognition of Foreign Divorce Decree and Issuance of Divorce Effectiveness Certificate in Pakistan
📌 Mukhtasar Case Ki Kahani (مختصر کہانی)
⚖️ High Court ne qarar diya (اہم فیصلہ)
🔍 Aham Nuqaat (اہم نکات)
🔹 Arbitration Council کا کردار رسمی (Procedural) ہے، عدالتی فیصلے کے مقابلے میں بالاتر نہیں۔
🧾 Legal Principle (قانونی اصول)
🏛️ Nateeja (نتیجہ)
Must read Judgement
2025 C L C 22
[Islamabad]
Before Babar Sattar, J
Sardar ALI ZIA KHAN---Petitioner
Versus
The ARBITRATION COUNCIL through Chairman and others---Respondents
Writ Petition No.1856 of 2023, decided on 27th September, 2024.
Muslim Family Laws Ordinance (VIII of 1961)---
----S.7---Civil Procedure Code (V of 1908), S. 13---Constitution of Pakistan, Art. 199---Constitutional petition---Divorce Effectiveness Certificate---Foreign judgment---Effect---Petitioner and respondent were husband and wife but the relationship ended in divorce pronounced by foreign Court of competent jurisdiction---Respondent / Arbitration Council declined to issue Divorce Effectiveness Certificate---Validity---Provision of S. 7 of Muslim Family Laws Ordinance, 1961 merely regulates process of recognition by requiring parties to abide by mandatory process, involving 90-day reconciliation period, before divorce is recognized as being effective---Foreign Court in California issued proclamation with regard to dissolution of marriage of parties during pendency of instant petition---Neither party contested jurisdiction of foreign court to do so---Such pronouncement had to be given effect in terms of S. 13, C.P.C.---There was nothing preventing respondent / Arbitration Council from issuing a certificate of effectiveness of divorce in terms of S. 7(3) of Muslim Family Laws Ordinance, 1961 in view of the judgment of dissolution of marriage already issued by a competent foreign court---Constitutional petition was allowed, in circumstances.
Mst. Asma Bibi v. Chairman Reconciliation Committee and others PLD 2020 Lah. 679; Muhammad Akram Nadeem v. Chairman, Arbitration Council/ADLG, Islamabad and others 2021 CLC 1947; Mst. Sadia Malik v. Chairman, Arbitration Council and another 2017 CLC Note 166; Dr. Masood Khan v. Chairman, Arbitration Council, Wah and 2 others PLD 1982 Lah. 532; Muhammad Zaman v. Uzma Bibi and 4 others 2012 CLC 24; Mst. Naseem Akhtar v. Director General Immigration and Passport PLD 2006 Lah. 465; Arif Hussain and another v. The State PLD 1982 FSC 42; Mirza Allah Ditta alias Mirza Javed Akhtar v. Mst. Amna Bibi and another 2004 YLR 239; Smt. Satya v. Teja Singh AIR 1975 SC 105; Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) 3 SCC 451 and Muhammad Ishaque v. Judge Family Court PLD 1975 Lah. 1118 rel.
Zaafir Khan for Petitioner.
Jamila Jehan Noor Aslam and Mustafa Munir Ahmed for Respondent No.2.
Abid Hussain Chaudhry for Respondent No.1.