Importance of Column 18 in case of Divorce

Citation Name : 2010 YLR 1632 ISLAMABAD

Side Appellant : ALI ABBAS KHAN

Side Opponent : Mst. PALWASHA KHAN

Ss.5 7 & 8—Constitution of Pakistan (1973), Art. 199—Constitution petitioner—Dissolution of marriage—Exercising power of Talaq-e-Tafweez—Respondent / wife sent a divorce deed to petitioner / husband on the basis of purported exercise of right of divorce allegedly delegated to her by the husband endorsed in column No.18 of Nikahnama–Wife also sent copy of divorce deed to the Chairman Arbitration Council along with notice under S. 8 of Muslim Family Laws Ordinance, 1961 for constitution of Arbitration Council—Husband had alleged that he never gave any right of divorce to wife nor any such powers were endorsed at the time of Nikah—Husband had also alleged that impugned order rendered by Chairman Arbitration Council was against the law and without authority as the “Shary Haqooq” as mentioned in column No.18 of Nikahnama, would not mean that he had delegated the right of divorce to wife—Husband had asserted that certificate of effectiveness of divorce was issued by the Council without any lawful authority—Wife had contended that she had rightly exercised the power of Talaq-e-Tafweez given to her by the husband in column No.18 of the Nikahnama and that Chairman Arbitration Council had rightly issued certificate of effectiveness of Talaq—Validity—Held, it was not a Shari Right of a wedded woman to get divorce upon herself without specific delegation of such power by the husband—Counsel for respondent / wife had not been able to prove that a woman could divorce upon her as a Shari Right—Words mentioned in column No.18 of Nikahnama, did not vest any power in wife to exercise right of Talaq-e-Tafweez—No power was delegated by the husband to wife to exercise right of Talaq-e-Tafweez upon her—If such type of words were allowed to be considered as a right of Talaq-e-Tafweez, it would mean that whatever was incorporated against column No.18, would be presumed as a Talaq-e-Tafweez—Husband in the present case had specifically denied that no such power was given to wife at the time of Nikah—Divorce deed, in circumstances, was executed without any legal basis by the wife and same had no value in the eye of law—Impugned order passed by Chairman Arbitration Council was also not in accordance with law and was liable to be set aside.