' This Constitutional petition calls in question the order dated 18-9-1995 and notice dated 18-9-1995 of the Arbitration Council, Union Council, Chanab Rasool Pur, Tehsil Ahmadpur East, District Bahawalpur (respondent No,1).
2. The facts necessary for the decision of this writ petition are that petitioner was married to Respondent No,3 on 10-7-1992. Later on the marriage was dissolved with consent by mutual agreement and in the form of Muba'arat. This fact was incorporated in the agreement dated 14-6- 1995, divorce deed of even date and in the notice of divorce. In terms of dissolution of marriage by agreement in the form of Muba'arat, the notice was issued to respondent No,1 for effectiveness of Talaq which became operative by the operation of law.
3. At the later 'stage, respondent No,1 at the instance of respondent No,3 issued impugned order and notice through which it was claimed that the divorce has been withdrawn by respondent No,3.
On persuasion of respondent No,3, respondent No,3, S.H.O. Police Station Such Sharif started pressurizing the petitioner.
4. Learned counsel for the petitioner argued that the divorce became effective by operation of law being based on Muba'art, there was no power in the husband to retract and that respondent No,1 had no authority to become adjudicating officer to determine the validity of divorce.
5. No one entered appearance on behalf of the respondents despite notice.
6. The perusal of the divorce deed and notice of divorce makes it obvious that the divorce was based on consent (Muba'arat). This was conveyed to the Chairman Union Council and notice was also sent to issue certificate, of effectiveness. Under the law if divorce is with mutual consent and on the basis of Muba'arat, the respondent cannot retract or withdraw the Talaq nor the Chairman has any authority to adjudicate upon the validity of divorce. The Chairman Union Council is bound to issue a certificate of effectiveness and has no power in law to entertain the alleged notice of withdrawal of divorce or to start proceedings on the basis thereof. Reference can be made to Muhammad Shahbaz Ahmad v. Sher Muhammad and others (1987 law Notes (Lahore) 418) Prince Aiysha Yasmeen Abbasi v. Maqbool Hussain Qureshi (PLD 1979 Lahore 241) and Abdul Rashid and 2 others v. S.H.O. Police Station Sadar Rehnala (1995 Law, Notes (Lahore) 366), where it has been ruled that Talaq in the nature of Muba'arat through mutual agreement of husband and wife is final and provision of revocation contained in section 7 of Muslim Family Laws Ordinance, will not be applicable and the husband has no authority to revoke the divorce.
7. In view of the rule in the precedent cases and settled provisions of law, the alleged notice of withdrawal of divorce by respondent No, 3 and the order passed by respondent No,1 were illegal and without lawful authority. No proceeding could be held on the basis of any such alleged notice.
8. For the reasons above this writ petition is allowed, the impugned order dated 18-9-1995 and notice dated 18-9-1995 are declared to be illegal and without jurisdiction and in-effective in law and respondents are restrained from causing any threat to the petitioner or from making any interference or from involving her in any frivolous case.