Get Certificate and Divorce Before Rukhsati:
If you are looking for divorce before rukhsati or divorce certificate in Pakistan, you may contact Jamila Law Associates. Provisions of S.29 of Guardians and Wards Act, 1890, though had placed an embargo upon certified guardian in the matter of alienation of property of minors except with prior permission of a guardian for divorce before rukhsati or divorce certificate in Pakistan.
The minors’ father executed the Court in the present case, claiming to be the natural guardian. After being appointed as guardian, he obtained a certificate from the Court to alienate suit plot. Subsequent vendees of suit plot did not even care to call upon father of minors to produce a said certificate. Courts below, in the circumstances, had not committed any jurisdictional error in decreeing the suit and in disbelieving bona fides of subsequent transactions of suit plot in favor of the other vendees irrelevant to divorce before rukhsati or divorce certificate in Pakistan. The defendant knew that litigation was pending between parties regarding land and knew that the vendor’s title was in dispute, but he purchased the land despite that.
Land which was transferred by way of correction of mutation during the minority of the plaintiff (owner) by his mother without permission of the Guardian Judge as required by S. 29 of Guardian and Wards Act, 1890, could not be held to be validly sold to the defendant. The plea raised by the defendant was that the suit was not competently filed as the father is a natural guardian, had validly sold the land, and in the presence of the father as natural guardian, the mother could not file the suit as the next friend.
Divorce Certificate in Pakistan:
Regarding the divorce before rukhsati or divorce certificate in Pakistan, the minor plaintiff competently filed the suit through his mother under the provisions of OXXII, R.1, CPC. Father of the minor was appointed as guardian. Still, he could not sell the property or any portion thereof without prior permission of the Guardian Court as provided in S.29 of Guardians and Wards Act, 1890. Legal guardian was required to obtain the permission of Guardian Court under S.29 of Guardians and Wards Act, 1890, before alienating the minor’s property. Transfer of the property of minor without permission of Guardian Court was voidable under S.30 of Guardians and Wards Act, 1890 on divorce before rukhsati or divorce certificate in Pakistan.
Defendant failed to point out any legal defect in judgment and decree passed by Appellate Court and affirmed by High Court warranting interference by Supreme Court in the exercise of jurisdiction under Art.185(3) of the Constitution. Leave to appeal was refused. Minor applicants’ plea that exchange of their property through compromise signed on their behalf by their mother as the result of fraud and misrepresentation. Guardian Court had appointed mother as guardian of the property of minors.
The compromise contained an undertaking of the mother to finalize the settlement after obtaining necessary permission from Guardian Court. The record showed of divorce before rukhsati or divorce certificate in Pakistan that the mother had not appeared in Court and made a statement supporting the compromise. Instead, the brother of minors had made a statement regarding the exchange of property belonging to children.