1386/2012 Suit MS ROHEELA YASMIN (Plaintiff) V/S MS. NEELOFAR HASSAN & OTHERS (Defendant)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 21-APR-14
"(a) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 7---Civil Procedure Code (V of 1908), O. XX, R. 13-Administration suit- Talaq-e-Bain- Effect--- Contention of plaintiff was that she being wife of deceased was entitled for deferred dower as well as share from his property whereas defendants contended that plaintiff had been divorced by the deceased and she was not legal heir to claim inheritance-Validity-Plaintiff was given Talaq-e-Bain and no question of reconciliation would arise---Such Talaq would become effective the moment same was pronounced-Plaintiff was not entitled for any inheritance however claim of dower amount was debt on the property of deceased which was to be paid first. (b) Muslim Family Laws Ordinance (VIII of 1961)- --S. 7---Divorce--- Effectiveness of--- Scope---Marriage could abe dissolved by husband at his will without intervention of the court-Man who wished to divorce his wife should as soon as might be after pronouncement of Talaq give the Chairman Union Council a notice in writing of his having done so and should supply a copy thereof to the wife---Talaq would not be effective until the expiry of 90 days unless same was revoked earlier expressly or otherwise. (c) Islamic Law--- ---Talaq, Mubarat and Khula-Meaning-- -""Talaq"" was divorce which was pronounced by the husband whereas ""Mubarat"" was Talaq effected by mutual consent of parties and ""Khula"" was dissolution of marriage through court. (d) Islamic Law-- ----Talaq, kinds of-Scope-Talaq would be of three kinds i.e. Talaq-e-Ahsan, Talaq-e-Hassan and Talaq-e-Bain-Talaq-e-Ahsan could be pronounced by single pronouncement during ""Tuhrs"" followed by abstinence from going to wife to establish marital relationship till Iddat period-Talaq-e-Hassan was pronounce-ment of divorce through successive three ""Tuhrs"" without establishing physical relationship with wife in any of the three ""Tuhrs""---Talaq-e-Bain was the divorce by husband through pronouncement made through single ""Tuhr"" either in one sentence or in separate sentences---Talaq-e-Bain was irrevocable divorce whereas Talaq-e-Ahsan would become irrevocable on expiry of Iddat period and Talaq-e-Hassan on third pronouncement irrespective of Iddat period-Talaq-e-Bain would become irrevocable immediately on pronouncement of the same either uttered orally or written down on a piece of paper irrespective of Iddat period-Talaq-e-Bain did not provide any room for any reconciliation-Communication was not material ingredients or prerequisite for validity of Talaq."Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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