(Fiqah - e – Jafria)
NON - PRONOUNCEMENT OF SEEGHA /EFFECT
Petitioner
assailed the order passed by the Family Court whereby the marriage between the
petitioner and respondent was dissolved on the basis of KHULA in view of their
statements recorded on the same day. The petitioner's contention was that
according to Shia personal law, the marriage could not be dissolved unless the
" Seeghajaat " were read in the presence of the parties wither by the
husband or his representative/nominee/wakeel in the presence of respondent or
her representative/nominee/wakeel. The validity, Shia males could always
pronounce divorce in accordance with Shia Law which would be protected only by
reading the " Seeghajaat " directly or through a representative/wakeel in the presence of female her representative/wakeel where after
divorce could become effective, Such exercise could be undertaken in the
present case even with retrospective effect if need be
PLD 2023 LAHORE 38
CAUTIONARY PROCLAMATION
The main object of the post is to provide information
and education, the writer will not take any responsibility for the statement in
case to present it in court or other legal forms, the professionals are
advised to consult the original judgment from the authentic source for further clarifications
and utilization accordingly.