LHC rejects husband’s claim that divorce was given as a joke

LAHORE: The Lahore High Court (LHC) rejected a husband’s claim that he pronounced divorce to his wife as a joke and upheld a Union Council certificate declaring the divorce effective.

Justice Anwar Hussain issued a 13-page judgment dismissing a petition filed by Raheel Ahmed challenging the Union Council’s decision.

As per a report, Ahmed emailed his wife about the divorce but did not notify the relevant Union Council. The woman later approached a family court over her dowry articles and other claims. The court then directed her to the Union Council to determine the divorce’s legal validity.

However, the Union Council declared the divorce effective after the husband failed to appear during the proceedings.

He later challenged the decision, arguing the divorce was granted in jest, but the LHC rejected his plea.

The court observed that if a husband fails to inform the Union Council about a pronounced divorce, the wife can notify the council herself and initiate the legal process. It said a woman should not be left in uncertainty about her marital status and that a husband cannot use his own legal omission to obstruct the process indefinitely.

The court also held that a family court cannot refuse to determine whether a divorce has taken place merely because the matter involves the legal procedure under the Muslim Family Laws Ordinance, 1961.

The LHC upheld the Union Council’s certificate and recommended that the government consider amending the relevant divorce law. It also ordered that copies of the judgment be sent to all family courts in Punjab for guidance.