Precise facts in this writ petition are that matrimonial life of the spouses was subjected to.
Domestic disputes and ultimately to the shape of applications, departmental inquiries and relationship between the spouses became so strained that respondent No. 1 through a written "Talaqnama" divorced the petitioner No. 1 on 26-11-2000 and gave successive notices of divorce on 5-12-2000 and 22-12-2000 and sent the same to the Chairman, Union Council No.59, Tehsil Daska District Sialkot. Respondents Nos.3 and 4 Chairman and Secretary of Union Council after the expiry of 90 days gave a certificate of effectiveness of divorce on 8-3--2001 to the petitioner No.1. During the interregnum period respondent No.1 filed a suit for restitution of conjugal rights in the Family Court, the same was dismissed by Miss Shehzadi Najaf, learned Judge Family Court vide judgment and decree dated 13-3---2002. Respondent No.1 filed an appeal against the dismissal of suit, the same was accepted and the judgment of the learned trial Court was reversed vide judgment dated 4-3---2003 passed by the learned Appellate Court and suit of respondent No.1 was remanded for fresh trial. Against this judgment the present writ petition has been filed.
2. Learned counsel for the petitioners submits that after issuance of certificate of effectiveness of divorce the suit was rightly dismissed by the learned Judge Family Court as the relationship between the spouses had reached to a stage where respondent No.1 launched various maglignently designed tactics and also registered F.I.R. Under the Telegraph Act and the petitioner had to remain in the judicial lock-up for one day. Even custody of son aged two years was obtained through Criminal Miscellaneous No.464-H of 2001. He further argued that suit for restitution of conjugal rights against petitioner No.1 was dismissed on production of certificate of effectiveness of divorce dated 8-3-2001 and suit was rightly dismissed by the learned Judge Family Court. Judgment and decree passed by learned Appellate Court is altogether illegal whereby the judgment and decree of the learned trial Court was set aside and. The case was remanded for fresh trial. That Civil Courts at Lahore have no jurisdiction to try the suit and adjudicate upon issues of legality of certificate of effectiveness of divorce dated 8-3-2001 issued by respondents Nos.3 and 4, which is the sole controversy for determination of the fate of both the suits pending adjudication before the learned trial Court at Lahore. He further argued that the learned Appellate Court while deciding appeal ignored the law as the respondent No. 1 could not partly deny his Talaq after the period of 90 days as the divorce has become effective on 8-3-2001 and suit for restitution of conjugal rights was filed on 18-6-2001 i.e. Three months later than the certificate of effectiveness of divorce. In the F.I.R. No.101 of 2001 registered at Police Station Shera Kot, Lahore on the basis of written application the respondent No. 1 has admitted that he has divorced the petitioner No. 1. Even petitioner No. 1 filed complaint before the Project Director, which was inquired into by the Authorities and finally they came to the conclusion that divorce was given by the respondent No. 1.
3. Learned counsel for the respondents submits that divorce was given on 5-12-2000, which was revoked on 4-1-2001 by the petitioner and this matter has been admitted by the petitioner in an application given on 8-3-2001, where she has requested that the divorce proceedings be filed. The certificate of effectiveness of divorce is issued in connivance with the Chairman, Arbitration Council and the order dated 4-1-2001 has dis-appeared from the file.
4. I have heard the learned counsel for the parties and perused the record. It is an admitted fact between the parties that divorce was given on 5-12-2000 and the matter was pending before the Arbitration Council. Learned counsel for the respondents has not been able to convince this Court that he revoked the divorce on 4-1-2001. In fact the date 4-1-2001, 27-1-2001, 3-2-2001 and 14-2- 2001 were fixed for appearance of the respondent No.1 and the registered notices were sent for his attendance. Respondent No.1 also got registered F.I.R. No.101 of 2001 at Police Station Shera Kot under sections 25/29 of Telegraph Act against the petitioner No. 1 and this F. I. R. Was registered on 19-4-2001 and it is admitted in this F.I.R. That: and this F.I.R. Is registered on 19-4-2001 when the respondent submits that he has revoked the Talaq on 4-1-2001. If he had revoked the Talaq earlier to the F.I.R. Registered in the month of April why did he admit that written divorce was obtained by the petitioner. This F.I.R. Is registered on the basis of complaint duly signed by the respondent No.1. He also gave applications for inquiry to the Anti-Corruption as well as to the Project Director, for initiating proceedings against the officials of the Arbitration Council, but all these authorities were unanimously of the view that divorce was given to the petitioner No.1 by respondent. The sanctity is attached to the certificate of effectiveness of divorce and the learned Judge Family Court rightly dismissed the suit for restitution of conjugal rights on production of the certificate of effectiveness of divorce. No Court of general jurisdiction had cancelled this certificate and the learned Appellate Court acted without jurisdiction while reversing the judgment passed by the learned trial Court as various disputes or heinous nature had erupted between the parties and there was an admission of divorce by the respondent No. 1 in the F.I.R. Registered against the petitioner on the basis of his complaint, therefore, the order of the learned Appellate Court is set aside being without lawful authority and jurisdiction. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.