Table Of Contents
Certificate and Divorce by Sms in Islam:
To know the law about divorce by sms in Islam or divorce certificate in Pakistan, you may contact Jamila Law Associates. According to S. 29 of Guardians and Wards Act, 1890, guardian of property could not enter into any transaction for disposal of property belonging to minor without prior permission of Guardian Court on divorce by sms in Islam or divorce certificate in Pakistan.
Compromise decree to the extent of minors had been passed without the consent of Guardian Judge. Compromise decree was set aside in the circumstances. Mother was not an appointed guardian of minors-defendants from competent Court of law. Suit property had been sold by the mother of minors-defendants who were less than 18 years of age. Mother of minors-defendants could not validly enter into sale contract on their behalf, and same was void ab initio having no legal existence of divorce by sms in Islam or divorce certificate in Pakistan.
No rights or liabilities would arise in favor of vendee from such void transaction, which could neither be enforced nor set up as a valid defense plea to claim right or title. The invalidity of such a transaction would arise from a legal incapacity that was incurable. Such a sale was void and not voidable. Sale of property of minors- defendants by their mother as a defect guardian was not “sale” in the eye of law.
Property Issue after divorce:
Such “sale” would be invalid unless the guardian obtained permission from the Court of law to sell the said property after she is appointed a guardian. The Court was not bound to grant leave to dispose of property of minors to an appointed guardian unless benefit or welfare of minor was proved for the same for divorce by sms in Islam or divorce certificate in Pakistan. The mother had executed an alleged agreement to sell on behalf of minors-defendants without the Court’s prior permission, which was void, and the plaintiff could not seek enforcement of such agreement. Minors-defendants could not be burdened with the liability of a void contract.
Divorce Certificate in Pakistan:
Impugned divorce by sms in Islam or divorce certificate in Pakistan to sell was unilateral, having not been signed by the plaintiff, which was not enforceable under the law. The plaintiff had made out no grounds for the second appeal. The second appeal was dismissed in the circumstances. Registered sale deed in favor of the peasant/defendant claimed to be executed by the plaintiff’s predecessor was assailed of divorce by sms in Islam or divorce certificate in Pakistan. Conveyance of immovable property by the de facto Guardian of Muslim minor and sale agreement of property of minor without permission of Court.
Respondent/plaintiff contended that the defendant being a peasant/farmer, had fraudulently managed a registered sale deed executed in 1946 wherein the share of two minor daughters of the predecessor was also shown sold through their mother without permission of Court on divorce by sms in Islam or divorce certificate in Pakistan. Respondent/plaintiff who claimed Constructive possession as the predecessor had left a widow and three daughters inheritance of two minor daughters also devolved upon mother of the plaintiff and that she came to know about the defendant’s fraud when he stopped giving a share of crops a few years back.