Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance. That, the Pakistani citizens are required by law to register their marriage with the relevant Union Council (Statutory Body). In the same way it is also mandatory for them to follow the specific provisions of MFLO 1961 and Family Court Act 1964 in respect of their matter regarding dissolution of marriage including Divorce and Khula. Under Muslim Personal Law, divorce is a right of husband and he has the sole authority to pronounce it without having recourse to any Court proceedings. While Khula is the right of wife, for which she can apply only to a Muslim Judge. Rule 6 of the West Pakistan Family Courts Rules, 1965 states that the Family Court constituted under Section 3 of the West Pakistan Family Courts Act 1964 shall have the exclusive jurisdiction to try the suit for Dissolution to Marriage. The same principle is held in the following judgment: Citation Name:2009 YLR 2341 LAHORE-HIGH-COURT, LAHORE Side Appellant:Brigadier (R.) SAEED ISMAT CHAUDHRY Side Opponent:JUDGE FAMILY COURT S.5 Sched.---West Pakistan Family Courts Rules, 1965, Rr. 5 6---Dissolution of Muslim Marriages Act (VIII of 1939), S.2---Suit for dissolution of marriage and recovery of maintenance---Spouses were Muslim holding dual nationality of Pakistan and United Kingdom (U.K.)---Solemnization and registration of marriage of parties in U.K. and its subsequent registration in Pakistan---Application by husband for return of plaint to wife as Family Court at Lahore lacked jurisdiction to entertain such suit---Validity---Marriage of Muslim Pakistani spouses irrespective of place of its solemnization would be governed by provisions of Dissolution of Muslim Marriages Act, 1939, Muslim Family Laws Ordinance, 1961 and West Pakistan Family Courts Act, 1964---Husband had not specifically denied wifes assertion in plaint about her residence in Pakistan---Husband in his suit pending against wife in Civil Court had stated that both parties were residing in Pakistan---Application of husband was dismissed in circumstances
Posted on: Sun, 14 Dec 2014 12:07:11 +0000
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