Amendment in the process of talaq through section 7 of the Muslim Family Laws Ordinance( MFLO) 1961: Ayat no 35 of Sura Al-Nisa prescribes: If you fear a breach between the two (husband and wife) then appoint a judge from his people and a judge from her people; if they both desire agreement, God will affect harmony between them” Thus, before every dissolution of marriage, the Holy Quran counsels arbitration between spouses. The provisions of section 7 in Muslim Family Laws Ordinance,1961 were based on The Quranic injunction which suggests that an attempt of reconciliation should be made . Section 7 of the MFLO says: 7. (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife. (2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for term which may extend to one year or with fine which may extend to ten thousand taka or with both. (3) Save as provided in sub-section (5), a talaq unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman. 4) Within thirty days of the receipt of notice under sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation. (5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in sub-section (3) or the pregnancy, whichever be later, ends. (6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from re-marrying the same husband, without an intervening marriage with a third-person, unless such termination is for the third time so effective. Latest Developments in Case Laws: Muslim Family Laws Ordinance, 1961 was promulgated to protect women from unilateral and arbitrary Talaq. Under section 7 (3) Talaq will be effective after the expiry of 90 days from the receipt of the notice by the Chairman Of Union Parishad/ Municipal Corporation. In Abdul Aziz v. Rezia Khatoon(21 DLR), it was held that non-compliance of the provisions of section 7(1) makes Talaq legally ineffective. However, recently High Court Division of the Supreme Court in the case of Sirajul Islam v. Helena Begum ,48 DLR; said that non-service of notice to the Chairman of the Union Parishad under the provision of this section can’t render ineffective divorce disclosed in an affidavit before a Magistrate.
Posted on: Wed, 31 Dec 2014 14:08:11 +0000
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