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Wife can inform UC, initiate legal proceedings if husband does not inform respective UC about giving divorce : LHC

Lahore: Lahore High Court (LHC) has maintained if husband does not inform the respective Union Council (UC) despite giving divorce to his wife then wife on her own can inform UC and initiate legal proceedings.

LHC while announcing important decision on the matter of divorce has rejected husband's stance who had given divorce to his wife through E.Mail.

The court further remarked the husband cannot stop divorce process for indefinite period by taking advantage of his legal mistake and dilatory tactics. The woman cannot be kept in uncertain situation about her marital status.

Justice Anwar Hussain of LHC while rejecting petition filed by Raheel Ahmad against UC decision issued 13-page detailed decision.

The court while upholding the certificate by UC regarding effectiveness of divorce has ordered to send copy of the decision to all family courts in Punjab for guidance.

According to court's decision Raheel Ahmad had divorced his wife through E.MAIL. However the husband did not inform the respective UC about divorce.

The woman resorted to family court for dowry articles and other demands.

Family court while deciding other matters directed her to approach the UC in connection with determination of effectiveness of divorce.

According to decision proceedings was initiated after the woman approached the UC . However husband Raheel Ahmad did not appear in UC.

UC declared the divorce effective and issued certificate on the basis of available record and circumstances.

The husband challenged it in LHC.

LHC maintained if husband does not fulfill his responsibility then the wife cannot be stopped from initiating legal process.

The court also rejected the stance of husband in its decision that divorce was pronounced in jest.

The court recommended government to consider possible amendment in the prevailing legal process regarding divorce so that women could not face unnecessary legal complications and uncertain situation in such matters.