LAHORE: The Lahore High Court chief justice has sought assistance from an additional advocate general on whether or not a notice through the union council chairman is mandatory for the execution of divorce.
The chief justice was hearing a bail petition in a Hudood case.Complainant Abdul Qadir said he had married Kaneez Akhter and that a boy, Usman, was born to them seven years ago. Later, he said, their neighbour Kamran Ahmed abducted his wife and married her. Their nikah was solemnised on August 8, 2003, and the document declared Kaneez previously unmarried.
On Thursday, Kamran’s counsel argued that he had leally married Kaneez after the complainant had orally divorced his wife in the presence of several family members. Now, he said, they had two children.
The counsel relied upon the Shariat Appellate bench ruling of the Supreme Court in Allah Dad vs Mukhtar etc (1992 SC/1273) to argue that the execution of divorce did not require a notice to the union council chairman and that divorce pronounced by the husband was sufficient.
The counsel said the malafide intention of the complainant was evident from a month’s delay in the registration of FIR.
After hearing the arguments the chief justice directed Additional Advocate General Muhammad Hanif Khatana to assist the court in the matter. Additionally, he directed the police to produce the complainant on September 16.
Published in The Express Tribune, September 11th, 2010.
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