SARDAR MUHAMMAD ASLAM, J.---The petitioner was married with respondent No.1 on 21-9-1994.
The marriage tie ended in divorce. First notice of divorce, dated 22-10-2003 was sent to respondent No.2. It was attested by Consular, Embassy of Pakistan in (Rome) Italy. A copy was also sent to respondent No.1. Similarly second and 3rd notices were sent on 1-12-2003 and 29-12-2003, respectively. Respondent No.2 issued notices to the parties for appointing their representatives in conciliation proceedings. The petitioner appointed Shahzada Arshad Baig as his representative vide letter, dated 27-2-2004. Conciliation proceedings were conducted and on their failure the certificate of effectiveness of divorce was not issued. Through this constitution petition a direction has been sought for respondent No.2 to issue a certificate of effectiveness of divorce. Notices were issued to respondent No.1, who entered appearance through her learned counsel while respondent No.2 submitted his Report and Parawise comments. In parawise comments the stand taken by respondent No.2 is that the divorce deed received by him is doubtful and has not been sent through Embassy. His decision was backed by opinion of Executive District Officer (Law), Gujranwala.
2. I have heard the learned counsel for the parties and perused the record.
3. On examination of the record produced by respondent No.2, I find the original divorce deed placed on record has been attested by Consular Embassy of Pakistan (Rome) Italy. Special power of attorney in the name of Shahzada Arshad Baig, also attested by the Consular Embassy of Pakistan (Rome) Italy is available on the file, which authorizes him to deal with the matter regarding divorce and grant of certificate for effectiveness of Talaq. These documents negate the stand of respondent No.2. The, learned counsel for respondent No.1 urged that refusal has already been made hence, the said order may be challenged independently. I do not find force in the arguments of the learned counsel for respondent No.1 as respondent No.2 has committed the illegality floating on the surface of record in holding that the document of Talaq and power of attorney are not attested by Embassy of Pakistan (Rome) Italy. This petition is bound to succeed.
4. For what has been discussed above, this constitution petition is allowed. The order passed by respondent No.2 is set aside. The result thereof, is that the proceedings of conciliation shall be deemed to be pending before respondent No.2 who shall decide the same afresh within a period of 60 days from the date order of this Court is received by him after granting an opportunity of hearing to both the parties to present their point of view and produce any other evidence on record, if they so desire.