Divorce Certificate Process for Overseas Pakistani Citizens

The Islamabad High Court addressed the jurisdiction of the Arbitration Council under the Muslim Family Laws Ordinance, 1961, in cases where Pakistani citizens residing abroad seek the issuance of a divorce certificate (W.P. No. 1856 of 2023). The Court held that the Arbitration Council in Islamabad, where the marriage was registered, has the jurisdiction to issue a divorce certificate even if the parties are residing abroad, provided the foreign court has already issued a decree of dissolution of marriage.

Background:

The petitioner, Sardar Ali Zia Khan, sought the issuance of a divorce certificate from the Arbitration Council in Islamabad after his marriage with respondent No. 2 was dissolved by a court in California. The Arbitration Council declined to issue the certificate, citing the fact that both the petitioner and respondent were residing in the United States, where divorce proceedings had taken place. The petitioner argued that since the marriage was registered in Islamabad, the Arbitration Council there had jurisdiction to issue the divorce certificate under Pakistani law, notwithstanding the divorce proceedings in California.

Key Issues:

Jurisdiction of the Arbitration Council in Cases Involving Overseas Residents: Whether the Arbitration Council in Islamabad has jurisdiction to issue a divorce certificate under the Muslim Family Laws Ordinance, 1961, when the parties are residing outside Pakistan and the divorce has been granted by a foreign court.

Recognition of Foreign Divorce Decrees in Pakistan: Whether a foreign court's decree of dissolution of marriage can be recognized in Pakistan, and if so, whether the Arbitration Council is obligated to issue a certificate of effectiveness of divorce under Section 7 of the Muslim Family Laws Ordinance, 1961.

Court's Analysis:

Jurisdiction of the Arbitration Council: The Court noted that under Section 1(3) of the Muslim Family Laws Ordinance, 1961, the law applies to all Muslim citizens of Pakistan, regardless of their place of residence. The Arbitration Council where the marriage was registered retains jurisdiction over divorce proceedings, including the issuance of a divorce certificate, even if the parties are residing abroad. The Court referred to the case of Muhammad Akram Nadeem vs. Chairman Arbitration Council (2021 CLC 1947) to emphasize that the Arbitration Council has extra-territorial jurisdiction over Pakistani citizens who have their marriages registered in Pakistan.

Recognition of Foreign Divorce Decrees: The Court explained that under Section 13 of the Code of Civil Procedure (CPC), 1908, foreign judgments, including those related to divorce, can be recognized in Pakistan, provided they meet certain conditions. In this case, both parties had submitted to the jurisdiction of the California court, which dissolved their marriage. Since neither party contested the validity of the foreign decree in Pakistan, the Arbitration Council was required to recognize the foreign court's decision and issue a certificate of effectiveness of divorce in accordance with Section 7 of the Muslim Family Laws Ordinance.

Role of the Arbitration Council: The Court emphasized that the Arbitration Council's role in divorce proceedings is limited to facilitating reconciliation and, if reconciliation fails, to formally record the divorce. Once a foreign court has dissolved the marriage, the Arbitration Council does not have the discretion to refuse to issue a divorce certificate; it must recognize the foreign judgment unless there are specific grounds under Section 13 of the CPC to challenge it.

Court's Conclusion: The Islamabad High Court allowed the petition and set aside the decision of the Arbitration Council, directing it to issue a certificate of effectiveness of divorce in favor of the petitioner, recognizing the foreign court's dissolution of the marriage. The Court confirmed that the Arbitration Council in Islamabad retained jurisdiction due to the marriage being registered there, and the fact that the parties resided abroad did not divest it of this jurisdiction.

Contact Us:

For legal advice on divorce proceedings involving overseas Pakistani citizens, including recognition of foreign judgments and the jurisdiction of Arbitration Councils, contact AUJ LAWYERS LLP. Our experienced team provides comprehensive legal services tailored to complex family law matters with international dimensions.

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