Acceptance of procedure of talaq in Pakistan

Procedure of talaq in Pakistan on ground of Khula inconsideration of wife's relinquishing her claim for maintenance was decreed and dissolution of marriage certificate was issued by the Chairman, Arbitration Council showing that reconciliation between the parties had failed. Record also showed that pre-trial reconciliation under S. 10(3) of the West Pakistan Family Courts Act, 1964 was attempted but failed; similarly, efforts made under S. 12(1) of the Act for post-trial reconciliation were not fruitful. Some more opportunities were provided by the Family Judge but the parties were unable to resolve their differences so much so the wife simultaneously resisted the husband's suit for restitution of conjugal rights which was dismissed by the judgment/decree. Judgment and decree dissolving the marriage had been acted upon as the requisite notice under S. 9 of the Muslim Family Laws Ordinance, 1961 had been given and there was a long interval of more than 11 years since the dissolution of marriage during which the parties stayed away from each other as they had undoubtedly accepted the procedure of talaq in Pakistan. Marriage of the parties, in circumstances, stood dissolved when dissolution of marriage certificate was issued by the Chairman Arbitration Council. Desire of the couple to live together as husband and wife, could not invalidate or nullify the effect of the judgment and decree which had attained finality as the Procedure of talaq in Pakistan had become effective under S. 7(3) of Muslim Family Laws Ordinance, 1961. Parties agreeing to refer dispute to their named referee and accept his decision on oath was to be binding on them. Appointment of referee by Family Court on the basis of such agreement of parties was valid. Award of arbitrator was in favor of plaintiff. Suit decreed by Family Court on 24-11-2005 for recovery of Rs.18, 000/- as value of such gold ornaments upheld by Appellate Court. Defendant's plea that Family Court could not appoint Referee due to non-applicability of evidence act 1984 to family suit in view of S. 17 of West Pakistan Family Courts Act, 1964; and that under Article 33 of evidence act 1984 a Referee could give only an information, but not a decision, and if he gave a decision, then same would be treated as an award and dealt with under provisions of Arbitration Act, 1940 allowing parties to file their objection thereto. West Pakistan Family Courts Act, 1964 did not contain any provision regarding allowing or prohibiting appointment of a Referee. Family Court, for purpose of settlement of family disputes, could adopt any procedure not expressly barred or prohibited by law. Principles sans technicalities embodied C.P.C., and evidence act, 1984 could be applied by Family Court to advance ends of justice in absence of any conflict or inconsistency with provisions of West Pakistan Family Courts Act, 1964. Referee's act of acquiring further information by hearing parties could not vitiate his statement or decision. Statement or decision of Referee, if given on basis of his own personal knowledge without hearing parties, could be challenged by a party adversely affected thereby, for failing to hear him. Family Court on its own had not appointed Referee, but had appointed him on express consent and desire of both parties having agreed to abide by his decision in case of procedure of talaq in Pakistan. Referee having relations with parties had based his decision on his own knowledge as well as admission and statements of parties. Impugned judgments could not be challenged. Valuation of such gold ornaments fixed by Family Court did not reflect