Get Your Require Divorce Certificate from Union Council

Require Divorce Certificate from Union Council:

If you wish to require divorce certificate from union council or child maintenance in Pakistan, you may contact Jamila Law Associates. It may not be invalid, but it could be ineffective." Unfortunately, in Mst. Farah Naz and Judge Family Court, the Supreme Court, did a 180-degree turn and upheld the controversial Gardezi Rule. The husband claimed she had filed for maintenance on February 1, but Farah Naz said that he had divorced her on December 31st. The trial court rejected her request for divorce certificate from union council or past child maintenance in Pakistan.

Appellate Court:

However, the first appellate Court accepted it. Both courts (i.e. Both the trial court (and the first appellate) accepted the oral verdict of the husband. However, the chairman had not been notified by the husband as required under the section. The High Court confirmed the judgment of the trial judge regarding maintenance. The Supreme Court, however, disagreed and ruled that "oral Allegation of Talaq would neither work nor be valid and binding on the appellant.

Supreme Court bench on Divorce Certificate:

Kaneez Fatima, meanwhile, was decided by a larger, five-member Supreme Court bench on divorce certificate from union council or child maintenance in Pakistan. While the facts in both cases were similar in nature, the Farah-Naz case saw the court award past maintenance to the wife according to her claims. Farah Naz ruled that the Supreme Court didn't refer to Kaneez Farah or Ali Nawaz Gardezi in Farah Naz. According to the author, Kaneez Fatima's divorce proceedings were opted out by the parties. However, no compromise was reached to end the marital relationship. Kaneez Fatima's husband allegedly gave an oral talaq and failed to prove it. Farah Nez was another case in which the respondent (husband) tried to profit from the fact that he had failed to give notice of the talaq to him.

Child Maintenance in Pakistan:

Unfortunately, this was not a point that the Supreme Court brought up in its discussions on divorce certificate from union council or child maintenance in Pakistan. The FarahNaz decision apparently has activated the Supreme Court. "Gardezi Rule" (i.e. failure to give notice to the chairman regarding talaq) amounts to revocation. Farah Nez (a decision by a divisional bank) cannot overrule Kaneez Fatima ("a unanimous decision by five-member benches) because a bigger Supreme Court bench is bound to a smaller court. The discussion above clearly illustrates the Supreme Court’s inconsistency regarding the section of MFLO on divorce certificate from union council or child maintenance in Pakistan. We have also seen that section is subject to many objections in Islamic law. Additionally, the penal clause of section (i.e. ()) is null as no cases have been reported in Pakistan using this subsection. It is clear that a husband can't be punished for violating the section by divorcing his wife.

Divorce:

If a couple is not divorcing according to the section, the divorcee may not be inclined to file a lawsuit against their husband. Many women will consider themselves divorced in accordance with Islamic Law on divorce certificate from union council or child maintenance in Pakistan. One solution is that the chairman of the Union Council (also known as the salsi Council/the Musalihati Council) should be notified by the police in case a husband has violated the section. If a subsection isn't used, it will have no effect and be considered a toothless law.

Click Here: Khula Procedure in Pakistan