Young Lawyer Consultant

16/03/2025

16/03/2025

--- Divorce Effectiveness Certificate
--- Foreign judgment---Effect--

2025 CLC 22

----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. [Islamabad]

15/09/2024

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14/06/2024

Filing taxes in Pakistan means paying less taxes when buying property