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P L D 1979 Lahore 36
Before Gul Muhammad Khan, J
ZARINA BIBI‑Petitioner
versus
MEHBOOB ETc.‑Respondents ,.
Writ Petition No. 697 of 1978, decided on 4th April 1978.
Muslim Family Laws Ordinance (VII of 1961)‑
S. 7‑Talaq, notice of‑Notice of talaq sent by husband to Secretary, Union Council‑Cannot be acted upon by Secretary of Council in absence of its Chairman and Secretary's order that talaq had become effective due to expiry of time provided in notice without lawful authority and of no legal effect.‑[ Muhammadan Law‑Divorce).
Muhammad Suleman for Petitioner. Muhammad Shafiq for Respondent No. 1.
The respondent No. 1 had sent a notice of Talaq to the Secretary, Union Council No. 46, Chak No. 48, Tehsil and District Sahiwal. It was taken up by the Secretary (respondent No. 2) who after holding that there was no Chairman and no other authority to bring about reconciliation as provided in law, held that as the time provided in the notice had expired, the Talaq has become effective. It is against that order that the present writ petition has been filed. It was admitted on 21st of February, 1978. The learned counsel for the petitioner and the respondent No. 1 alongwith his counsel appeared before me today. The learned counsel for the respondent stated that his client has no objection if the order of respondent No. 1 is set aside, for the same is without jurisdiction. He further stated that the parties have already patched up.
2. In view of the fact that the Secretary has no authority to issue such' a notice and for the reason the parties have compromised, this petition is A allowed. The impugned order is declared to be without lawful authority and of no legal effect. There will be no order as to costs.
s. A. H. Petition accepted.
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