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Pakistan’s Arbitration Council holds Extra-Territorial Jurisdiction to issue Divorce Certificates for Pakistani Marriages dissolved abroad --- Islamabad High Court, Islamabad

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Pakistan’s Arbitration Council holds Extra-Territorial Jurisdiction to issue Divorce Certificates for Pakistani Marriages dissolved abroad --- Islamabad High Court, Islamabad

Islamabad 07-11-2024: In a significant ruling, the Islamabad High Court (IHC) has affirmed that Pakistan’s Arbitration Council holds extra-territorial jurisdiction to issue divorce certificates for Pakistani marriages dissolved abroad. The Court clarified that Pakistani citizens, including those from Azad Jammu and Kashmir (AJK) residing outside Pakistan, remain subject to the jurisdiction of the Arbitration Council if their marriage was registered in Pakistan. The decision was delivered in [Writ Petition No. 1856 of 2023], involving the case of Sardar Ali Zia Khan Vs. The Arbitration Council.

The petitioner, Sardar Ali Zia Khan, had requested a divorce certificate from the Arbitration Council in Islamabad after his marriage to respondent No. 2, which was registered in Pakistan, was dissolved by a Court in California. The Arbitration Council had previously refused to issue the certificate, citing that both parties were residents of California, where the divorce proceedings were finalized.

The Islamabad High Court (IHC) judgment underscores that the Muslim Family Laws Ordinance, 1961 (MFL Ordinance) grants extra-territorial jurisdiction to the Arbitration Council for all Pakistani citizens. This applies even if they reside permanently abroad, provided their marriage was registered within Pakistan. The Court cited Section 1(3) of the MFL Ordinance to emphasize that the Ordinance’s jurisdiction extends to Pakistani nationals worldwide.

The Court further ruled that foreign divorce decrees are legally recognized in Pakistan under Section 13 of the Code of Civil Procedure, 1908 (CPC), as long as the decree is not contested on jurisdictional or procedural grounds. The Islamabad High Court (IHC) noted that public policy in private international law requires mutual respect for foreign judgments, including in family matters. Pakistani law thus recognizes a divorce issued by a foreign Court, allowing the Arbitration Council to issue a corresponding certificate without adjudicating the divorce itself.

The judgment clarified the Arbitration Council’s role as primarily procedural rather than adjudicative. The Council’s duty includes facilitating mandatory reconciliation under the MFL Ordinance but does not extend to questioning or nullifying foreign judgments. This limitation aims to streamline divorce recognition processes for Pakistani nationals abroad, ensuring consistency in marital status across jurisdictions.

The Islamabad High Court (IHC) ultimately directed the Arbitration Council to issue the divorce certificate based on the California Court’s uncontested decree. This outcome reinforces Pakistan’s commitment to recognizing foreign judgments while maintaining the rights and responsibilities of its citizens, even if they reside outside the country.