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WD
Web Desk
September 10, 2010
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Court seeks AAG help in divorce case

Business

WD
Web Desk
September 10, 2010

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LAHORE
THE Lahore High Court Chief Justice on Thursday sought assistance of an Additional Advocate General on a law point whether a notice through Chairman Union Council concerned was mandatory for the execution of divorce.
Chief Justice was hearing a bail petition of Kamran Ahmad involved in a case lodged under Hadood ordinance by Abdul Qadir with police station Urban Area, Sargodha.
The complainant said he had married one Kaneez Akhter and they had a boy Usman who was seven years old now. He alleged that his wife developed illicit relations with the petitioner/accused who was their neighbour. And after sometime, the accused abducted his wife but later he came to know that Kaneez, declaring herself virgin, entered into a marriage with accused/Kamran and their nikah was solemnised on August 8, 2003.
The FIR was registered against both Kamran and Kaneez, however, the lady obtained bail from high court.
On Thursday, petitioner’s counsel argued that the complainant had divorced her wife orally in the presence of many family members. He said the petitioner legally contracted marriage with Kaneez Akhter and had two children out of this wedlock.
The counsel relied on a case “Allah Dad vs Mukhtar” in Shariat appellate bench of Supreme Court (1992 SC/1273) wherein the court had held that there was no need of giving a notice to chairman union council concerned for the execution of divorce and according to “Shariah Muhammadi” there was also no need of giving notice but even orally “Talaq” pronounced by the husband could be sufficient.
Counsel pointed out that the complainant was disturbing the peaceful matrimonial life of the petitioner on mala fide intention which also reflected from one month delay in registration of FIR after the solemnisation of Nikah.
He prayed that the petitioner be granted concession of bail, as the he was ready to furnish bail bonds to the satisfaction of the court. After hearing the arguments, the chief

justice directed Additional Advocate General Muhammad Hanif Khatana to assist the court in the matter and also directed the police to produce the complainant on next hearing, September 16.

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