Divorce in Pakistan: Legal Process and Key Information
Divorce in Pakistan is governed by Islamic law and family law statutes, ensuring that the dissolution of marriage is handled legally and fairly for both parties. The process and requirements vary based on whether the divorce is initiated by the husband (Talaq) or the wife (Khula).
Divorce Initiated by the Husband (Talaq)
- Pronouncement of Talaq: The husband may dissolve the marriage by verbally or in writing pronouncing "Talaq."
- Written Notice: The husband must send a written notice of Talaq to the local Union Council as required under Section 7 of the Muslim Family Laws Ordinance, 1961.
- Reconciliation Period: Upon receiving the notice, the Union Council arranges a reconciliation process, giving the couple a 90-day period to reconsider the divorce.
- Issuance of Talaq Certificate: If reconciliation efforts fail, the Union Council issues an official Talaq certificate, making the divorce legally valid.
Divorce Initiated by the Wife (Khula)
- Filing for Khula: If the wife seeks divorce, she must file a petition in the Family Court.
- Grounds for Divorce: The wife must provide valid grounds for seeking Khula, such as cruelty, non-support, or irreconcilable differences.
- Court Hearing: The court reviews the case and attempts reconciliation between the spouses.
- Decree of Khula: If reconciliation fails, the court grants the Khula decree, dissolving the marriage. In most cases, the wife may need to return her Haq Mehr (dower).
- Registration of Divorce: The Khula decree is sent to the Union Council for registration, and the divorce is officially recognized.
Legal Requirements for Divorce in Pakistan
- Both parties must provide their Computerized National Identity Cards (CNICs) and marriage documents, such as the Nikah Nama.
- The Union Council or Family Court ensures that the divorce follows proper legal procedures.
Consequences of Divorce
- Iddat Period: Following the divorce, the wife observes a mandatory waiting period (iddat) of 90 days before she can remarry.
- Child Custody and Maintenance: Issues of child custody and financial support are decided separately by the Family Court, considering the welfare of the child.
Importance of Legal Divorce
A legally recognized divorce in Pakistan ensures the protection of both parties' rights and prevents future disputes. It is also necessary for remarriage, inheritance, and other legal matters.
Divorce in Pakistan is structured to uphold Islamic principles while providing a fair legal framework for resolving marital disputes and safeguarding the rights of individuals involved.
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