UCP TAKRA LAW MOOT COMPETITION 18

TABLE OF CONTENTS

PAGE NO.

1. List of Authorities…………………………………………2

2. Statement of Brief Facts…………………………………..3

3. Identification of Issues ..………………………………….4

4. Summary Pleadings …....………………………..……….5

5. Pleadings………………………………………………….6

P a g e 1 | 11
UCP TAKRA LAW MOOT COMPETITION 18

LIST OF AUTHORITIES

PRIMARY

 Al-Quran

 Al-Hadees

SECONDARY

 Constitution of Pakistan 1973

 Muslim Family Law Ordinance 1961

 Tafsir ibne Kathir

 Fatwas

CASE LAW

 Shayara Bano v. Union of India

P a g e 2 | 11
UCP TAKRA LAW MOOT COMPETITION 18

FACTS OF THE CASE

NIKKAH of Mehak Khanum was solemnized with Faiq Ali according to Shariyat-i-

Muhammadi on 11-04-2001 and two children, Muhammad Tayyab and Kainat Ali were

born through their wedlock. Both started living happily together. The relations between the

spouses remained cordial for some time, but soon after, differences arose between them,

and got strained due to unbearable attitude of Faiq Ali. Mehak left the house on 09-04-

2015 with her children and since then she is residing with her father Mr. Jamshed Ansari.

Faiq Ali and his family were making unreasonable demands for addition dowry in the form

of cash and car and tortured her for non-compliance to their demands. They also used to

give her drugs to cause her mentally ailment. A suit of conjugal rights was instituted with

malafide intention by the Husband, Mr. Faiq Ali which was withdrawn later on.

Consequently, a divorce deed pronouncing triple talaq was served to the Mahak khanum

wife of Faiq ali. She claims triple divorce to be against the shariah and human rights of

women.

P a g e 3 | 11
UCP TAKRA LAW MOOT COMPETITION 18

ISSUES FRAMED

1. Whether this petition is maintainable or not.

2. Whether the right of triple divorce is in accordance with the injunctions of Islam or not.

3. Whether the right of women are protected under the constitution or not.

P a g e 4 | 11
UCP TAKRA LAW MOOT COMPETITION 18

SUMMARY PLEADINGS

 Marriage solemnized 11-04-2001

 Two children Muhammad Tayyab and Kainat Ali were born.

 Differences arose between them due to unbearable attitude.

 Left the house in mere appraisal on 09-04-2015

 Institution of suit of restitution of conjugal rights by the husband Faiq Ali,

 Withdrawal of the above mentioned suit by the husband Faiq Ali,

 Serving of the divoce Deed by Faiq Ali to Mahak Khanum 10-10-2015

 Prayer of Mehak Khanum to declare the triple divorce as the act against the Shariah as well

as unlawful.

P a g e 5 | 11
UCP TAKRA LAW MOOT COMPETITION 18

IN THE SUPREME COURT OF PAKISTAN

Constitutional Petition No:----------------------------2018

Mehak Khanuam w/o Faiq Ali caste Ansari resident of Sialkot.

(Petitioner)

VERSUS

(1) Faiq Ali S/o Muhammad Ali

(2) Islamic Ideology Council

(Respondents)

WRIT PETITION UNDER ARTICLE 184(3) CONSTITUTIONAL OF PAKISTAN 1973

Respectfully Sheweth,

It is to be stated that

1. That the petitioner solemnized her marriage with Mr. Faiq Ali according to Shariyat-i-

Muhammadi on 11-04-2001 and two children Muhammad Tayyab aged 13 and Kianat aged

11 (Currently aged 16 and 14 respectively) were born through their wedlock.

P a g e 6 | 11
UCP TAKRA LAW MOOT COMPETITION 18

2. That the petitioner after marriage, started living with her husband, Mr. Faiq Ali and

relations between the spouses remained cordial for some time, but soon after, differences

arose between the petitioner and Mr. Faiq Ali, and got strained due to unbearable attitude.

3. That the petitioner left the house in mere appraisal on 09-04-2015 with her children and

since then she is residing with her father Mr. Jamshed Ansari.

4. That Faiq Ali and his family were making unreasonable demands for additional dowry in

the form of cash and car. The petitioner was often beaten and kept hungry in close room

for days. They also used to give her drugs to cause her mental ailment.

5. That the petitioner also got a notice of suit of restitution of conjugal rights from her husband

Faiq Ali, but the petitioner refused to be part of it.

6. That petitioner thought that the suit is for to drag his respectable, poor parents to torture

them mentally as well as financially.

7. That the husband of the petitioner withdrew the above mentioned suit with his own accord

and he sent a divorce deed to the petitioner.

8. That the petitioner believes that her husband would not give her divorce. So for the sake of

her marriage bonding, she wants to put herself in the Honorable Supreme Court of Pakistan,

considering that triple divorce is invalid in Islam and it is the disrespect to the women and

against the human rights of woman and the triple divorce in a single sitting(Talaaq-i-Bidah)

is against the spirit of sharia.

9. That the petitioner proclaims that the tipple divorce is not universally recognized by the

Aima Ikram in the Islamic world. As the Divorce is considered to be only of two classes

according to Sunnah (1) Hassan and (2) Ahsan. The concept of Triple divorce is neither

P a g e 7 | 11
UCP TAKRA LAW MOOT COMPETITION 18

present in any kind of Sunnah nor recognized by the hadith of Holy Prophet (PBUH) and

it is also not mentioned in Holy Quran.

10. That the verses of Surah Baqra and surah Talaq of Holy Quran mention, Divorce is for two

times only which clearly shows that the divorce is of two times not three times.

11. That adding new thing in Sharia is known as Bidat and is also prohibited. The triple divorce

in one sitting is known as talaaq bidat which is considered to be a kind which is against the

injunction of Islam.

12. That the petitioner is a bona fide citizen of Pakistan and has right in the public interest to

file a petition in the Honorable Supreme Court of Pakistan.

13. That the Supreme Court has ample power to entertain this constitutional petition in the

deepest interest of public.

Prayer

In the view of above submissions, facts and circumstances,

it is therefore, respectfully prayed that the constitutional

Petition kindly to be accepted in the favor of the petitioner.

Any other relief which this Honorable Court deems fit and

appropriate in the circumstances may also be awarded to the

petitioner.

Petitioner

Mehak Khanam

P a g e 8 | 11
UCP TAKRA LAW MOOT COMPETITION 18

IN THE SUPREME COURT OF PAKISTAN

Constitutional Petition No:----------------------------2018

Faiq Ali S/o Muhammad Ali

(Petitioner)

V/s

Mehak Ali d/o Jamshaid Ansari caste Ansari resident of Sialkot

(Respondent)

WRIT PETITION UNDER ARTICLE 184(3) CONSTITUTIONAL OF PAKISTAN 1973

Respectfully Sheweth,

It is to be stated that

1. That the petitioner solemnized his marriage with the Mst Mahak Khanam according to

Shariyat-i- Muhammadi on 11-04-2001 and two children Muhammad Tayyab aged 13 and

Kianat aged 11(currently aged 16 and 14 respectively) were born through their wedlock.

2. That after marriage, relations between the spouses remained cordial and they were started

living happily. Sometime later relations got strained due to unbearable attitude of Mst

Mahak Khanum the respondent.

P a g e 9 | 11
UCP TAKRA LAW MOOT COMPETITION 18

3. That the petitioner’s wife left the house on 09-04-2015 with her children with her own

accord and she has been residing with her father Jamshed Ansari since then.

4. That petitioner and his family were trying to complete her unreasonable demands. The

petitioner loves her and wants to keep her in chamber of his heart.

5. That the petitioner was paying full attention and the maintenance while they were living

with their mother in their maternal home.

6. That the petitioner often asked her wife to join in her home but she flatly refused.

7. That the father in law of the petitioner left the children with the petitioner to take their care

and needs.

8. That the petitioner filed a suit of restitution of conjugal rights against her wife the

respondent as he was ready to live with her for the sake of children.

9. That petitioner thought that the suit can bring her to his life but his wife refused to come

and live with him.

10. That according to all above facts and in spite of all efforts of the petitioner, the petitioner

withdrew his suit and made a deed of divorce according to Law under Islamic provision

and sent it to the Mst.Mahak Khanam after pronouncing the words Divorce in three times

on 10-10-2015.

11. That the petitioner believes that triple divorce is valid in Islam and it is legal and recognized

mode of the shriya.

12. That the petitioner proclaims that the tipple divorce is universally recognized by the Aima

Ikram in the Islamic world. As the Divorce is considered in major kinds Sunnah (1) Hassan

and (2) Ahsan. And divorce Bidah the concept of Triple divorce is agreed by almost all the

school of thoughts.

P a g e 10 | 11
UCP TAKRA LAW MOOT COMPETITION 18

13. That the verses of the Quran also mention the validity of divorce.

14. That although the word triple is not mentioned in the Quran regarding Divorce but many

aya show the path towards the triple divorce and many of the hadith of Muslim and Bukhari

shows the right path towards the triple divorce.

15. That the petitioner is a bona fide citizen of Pakistan and has right in the public interest to

file a petition in the Honorable Supreme Court of Pakistan.

16. That the Supreme Court has ample power to entertain this constitutional petition in the

deepest interest of public.

Prayer

In the view of above submissions, facts and circumstances,

it is therefore, respectfully prayed that the constitutional

Petition is kindly be accepted in the favor of the petitioner.

Any other relief which this Honorable Court deems fit and

appropriate in the circumstances may also be awarded to the

petitioner.

Petitioner

Faiq Ali

P a g e 11 | 11