Although this petition is not fixed for today , but on account of pendency of connecte d Criminal Original No. 93-W of 2018 in between the same parties, the present petition, which is clubbed with referred criminal original petition, is ordered to be listed for hearing today .
2. Muhammad Sharif Qureshi-Responde nt No. 3, who is husband of present petitioner and residing in Saudi Arabia, sent notice of divorce stated to have been issued to his wife/present petitioner , in the office of Arbitration Council through registered post and on receipt of such notice, the respondents started proceedings. Such proceedings culminated by Respondents No. 1 and 2 have been called in question by the present petitioner through the present Constitutional petition.
When this petition came up for hearing before this Court on 13.04.2018, after hearing learned counsel for the petitioner , notices were ordered to be issued to the respondents and following order was passed on CM. No. 01 of 2018: "3. Issue notice for 14th of May, 2018. In the meanwhile, no further proceedings will take place before the Arbitration Council, till the next, date of hearing."
Inspite of referred restraint order , the respondents proceeded to issue divor ce effectiveness certificate on 14.04.2018, whereas in view of material now made available on record, not only on the file of present writ petition, but also on the file of connected Criminal Original, it is but clear that at least Respondent No. 1 was made to know the issuance of restraint order by this Court in the evening of 13.04.2018, nevertheless Respondents No. 1 and 2 proceeded to issue divorce effectiveness certificate on 14.04.2018, whereupon separate proceedings under Contempt of Court Laws were initiated through Criminal Original No. 93-W of 2018 against Respondents No. 1 and 2.
3. It is an admitted position that notice of divorce sent by Respondent No. 3 was not duly verified by Pakistan Embassy in Saudi Arabia and in a similar matter , such notice was held defect ive by this Court in case titled "Romana Zahid versus Chairman Arbitration Council/Nazim Union Council and another' (PLD 2010 Lahore 631).
Contrary thereto, Respondent No. 3 also executed special power of attorney in favour of his real brother Khalid Mehmood Qureshi, which was surprisingly duly verified by Pakistan Embassy . Through such special attorney , Khalid Mehmood Qureshi was only appointed by Respondent No. 3 as his arbitrator and no power was given to said attorney to participate in arbitration proceedings, make any statement regar ding reconciliation or otherwise etc. Thus, issuance of notice without intervention of Pakistan Embassy in Saudi Arabia and all proceedings carried out on the basis of said notice before the Arbitration Council, are declared to have been issued and carried out without lawful authority . The impugned divorce effectiveness certificate issued on 14.04.2018 is also declared null and void and the same is set aside.
The right of divorce can directly be exerc ised by the husband, who is Respondent No. 3, if at all he wanted to put an end to matrimonial relationship in between him and present petitioner strictly in accordance with Muslim Family Laws Ordinance, 1961.
4. Resultantly , the present Constitutional petition is allowed as prayed for .