|Divorce Laws In Pakistan|
| In Islam, a married woman is permitted to seek a termination of her marriage contract through a Shariah Council and Muslim judge (Family Court). The reasons, for seeking Khula should be founded upon valid reasons, such as immoral behaviour or mistreatment on behalf the husband towards his wife, a woman who feels she dislikes her husband and can no longer give him, his rights etc.|
However, this decision should be given serious consideration – a woman is advised to abstain from seeking khula on baseless reasons and to exert necessarily efforts to maintain a harmonious and peaceful relation with her spouse with mutual respect and love. In the unfortunate case, the marriage reaches a point of irreconcilable differences based on valid reasons, all efforts of reconciliation are exhausted and unsuccessful, then Islam has provided a solution for this case i.e. Khula. For more information contact us.
In Islam, a woman who wishes to terminate her marriage contract without the consent of her husband must do so by applying to the Shariah Council. This type of divorce is commonly referred to what is known as a Khula.
It is important to highlight that in order for a married woman to obtain a Khula, the Shariah Council must be satisfied there is a valid reason for an Islamic divorce to be granted. A valid reason covers matters such as adultery, domestic violence and other aspects of immoral behavior.
As per Muslim Personal Law, in Pakistan, a Husband can Divorce his lawfully wedded wife by a Deed of Divorce which can be prepared wherein Triple Divorce is pronounced before witness. However, wife can only seek Khula.
|from her husband if her right of Divorce was deleted or not authorized in her marriage contract, known as “Nikkanama”. Therefore in most cases wife would be supported by our litigation department for filling of Khula application in court.|
|Divorce (Talaq) by the Husband|
|Under Muslim Family Laws Ordinance limited reforms have also been introduced in relation to talaq. |
Under Muslim Family Laws Ordinance a divorcing husband shall, as soon as possible after talaq has been pronounced, in whatever form, give a notice in writing to the chairman of the Union Council.
The chairman must then supply a copy of the notice of talaq to the wife. Non-compliance is punishable by imprisonment and/or a fine. Within thirty days of receipt of the notice of talaq, the chairman must constitute an Arbitration Council in order to take steps to bring about a reconciliation between the husband and the wife.
If and when such attempts to negotiate a reconciliation fail, a talaq that is not revoked in the meantime, either expressly or implicitly, takes effect after the expiry of ninety days from the day on which the notice of repudiation was first delivered to the chairman. If, however, the wife is pregnant at the time of the pronouncement of talaq, the talaq does not take effect until ninety days have elapsed or the end of the pregnancy, whichever is later.
|Failure to Give Notice of Talaq|
|Failure to notify, in the above stated manner, invalidated Talaq until the late 1970s and early 1980s, but introduction of the Zina Ordinance allowed scope for abuse as repudiated wives were left open to charges of zina if their husbands had not followed the Muslim Family Laws Ordinance notification procedure. Since early 1980s, the practice of the Courts in Pakistan is that they validate a Talaq despite a failure to notify as provided under the said Ordinance.|
|Judicial Divorce / Khula (Dissolution of Marriage)|
|Judicial “Khula” / Dissolution of Marriage may also be granted without the husband’s consent if the wife is willing to forgo her financial rights.|
|Grounds for Judicial Divorce on which a woman may seek khula include:|
|Desertion by husband for four years,|
Failure to maintain for two years,
Husband contracting a polygamous marriage in contravention of established legal procedures,
Husband’s imprisonment for seven years,
Husband’s failure to perform marital obligations for three years,
Husband’s continued impotence from the time of the marriage,
Husband’s insanity for two years or his serious illness,
Wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),
Husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives), and any other ground recognized as valid for the dissolution of marriage under Muslim law.
So if you have any question about above matter or you wish to get a solution for your problem in Pakistan, do not hesitate to call Advocate Shoaib at 0092-300 2151 013 and if you are calling from abroad you can also Whats App our law firm on the same number which will be replied by the best lawyer Advocate Ch Shoaib himself.