LHC rejects husband’s ‘divorce was given in jest’ plea

LAHORE: The Lahore High Court has ruled that a husband cannot prevent the legal process of divorce by claiming that he pronounced divorce “in jest”, ARY News reported.

Justice Anwar Hussain issued a 13-page detailed judgment and rejected a petition filed by Raheel Ahmed against the decision of the Union Council declaring his divorce effective.

According to the judgment, Raheel Ahmed had sent a divorce to his wife through email but did not inform the Union Council about it.

The woman later approached the Family Court over her dowry articles and other claims. While deciding the other issues, the Family Court directed her to approach the Union Council regarding the effectiveness of the divorce.

The Union Council declared the divorce effective after the husband failed to appear before it.

The husband later challenged the Union Council’s decision, claiming that he had given the divorce as a joke. The Lahore High Court rejected his stance.

The court held that a wife cannot be kept in uncertainty about her marital status. It said a husband cannot take advantage of his own legal failure to stop the divorce process.

The judgment said that if a husband fails to inform the Union Council about a divorce, the wife can inform the Union Council herself.

The court also held that a Family Court cannot refuse to determine whether a divorce has taken place.

The Lahore High Court maintained the Union Council’s certificate declaring the divorce effective and dismissed Raheel Ahmed’s petition.

The court recommended that the government consider amendments to the divorce law and ordered that a copy of the judgment be sent to all Family Courts in Punjab for guidance.