Farsana vs. Madany – sllr 2019 volume 2 page 057

The case between Farsana and Madany addressed the validity of orders issued by the Board of Quazis in contested divorce (Talaq) proceedings, particularly focusing on whether the Board acted per incuriam by not serving notice on the respondent and whether it possessed inherent jurisdiction to set aside its own prior order made in breach of the audi alteram partem principle. It was determined that the prior order was void owing to procedural irregularities, with the Board correctly exercising its inherent jurisdiction to rectify its own error. The appeal was dismissed, affirming the Board’s subsequent order and reinforcing the application of statutory requirements under the Muslim Marriage and Divorce Act and established legal principles regarding notice and jurisdictional defects.

Nawaz J.