LAHORE: The Lahore High Court held that a local union council does not have the jurisdiction to proceed with divorce cases in the matter of a foreign national.

The court observed that a chairman union council would have jurisdiction in the matter only where a woman was residing within his territorial jurisdiction at the time of the pronouncement of divorce.

The court passed these orders in a petition of Dr Hassan Shahyar, married with Sana Waqar, who instituted a suit for dissolution of marriage, physical custody of children and their maintenance in Pennsylvania USA.

The court dismissed Shahyar’s petition and held that the proceedings before the chairman, Union Council Neelam Block, Allama Iqbal Town, Lahore, initiated on the application of the petitioner are without any jurisdiction.

The court said the jurisdiction for taking up the matter was with the designated officer in the Pakistan Consulate in USA who under section 2(b) constituting the arbitration council under the Muslim Family Laws Ordinance, 1961, shall be deemed as the chairman.

The court observed that the trial court has rightly held that after having submitted to the proceedings in Pennsylvania, the civil court is competent to decide the legality of divorce proceedings initiated in Pakistan.

According to the details, the respondent Sana in 2015 had instituted a suit for dissolution of marriage in Pennsylvania and the petitioner had given his consent to the court to dissolve the marriage; however, the proceedings are still pending in the USA.

The petitioner shifted to Lahore and initiated divorce proceedings against the respondent under the provisions of Muslims Family Laws Ordinance and notices were issued to the respondent Sana through the Union Council concerned.

In pursuance of the said notice, father of the respondent Sana appeared before the arbitration proceedings and also challenged its jurisdiction before the civil court. The trial court on May 09, 2019, rejected the plaint of the suit, instituted by the respondent through her father.

Copyright Business Recorder, 2022