Divorce

  1. It is not the requirement of law that divorce deed should be written on a stamp paper. Parveen Akhtar  v. Muhammad Asghar & 3 others 2002 SCR 178 (A)
  2. No time is fixed for a husband as to when he can divorce his wife — Respondent had divorced his wife on 27.2.2001 or subsequently divorced his wife and fraudulently gave it effect from 27.2.2001— It is a question of fact which can be resolved in light of evidence of parties. Robeena Fazil  v. Yasin Khan 2005 SCR 37 (A)
  3. Limitation of — When a divorce is communicated to the wife, after its pronouncement, then the limitation shall start from the date when it was communicated to the plaintiff. Nishat Kausar v. Muhammad Basharat 2008 SCR 73 (B)
  4. Assuming that it was communicated on 22.5.2002 even then the suit of the appellant is within time as the suit was filed on 6.4.2003 after one year of the divorce — Whereas the limitation under Article 103 of the Limitation Act is six years. Nishat Kausar v. M. Basharat 2008 SCR 73 (C)
  5. —Nikah Form, clause No.18—delegation of right to divorce by husband, to wife—through an agreement after marriage—giving effect as such in clause No. 18 of Nikah Form—delegation may be conditional or un-conditional—if delegation conditional, non-fulfilment by husband—exercise of such right by wife—no embargo under Sharia law—for such delegation and exercise of such right pronouncement by wife amounts to husband’s pronouncement. Abdul Hameed v. Mst. Naseema Bibi 2017 SCR 1456 (A) PLD 1963 Dacca 602, 2000 CLC 202 & 2006 YLR 335 rel.
  6. —delegated divorce—exercise of right of—whether amounts to Khula—and wife not entitled for dower—held: exercise of right of delegated divorce by wife, does not amounts to khula and she is entitled to recovery of dower. Abdul Hameed v. Mst. Naseema Bibi 2017 SCR 1456 (B)
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