How to Get Divorce in Pakistan

What is the difference between Talaq and Judicial Khulla?

Talaq:

It is an Islamic divorce in which the husband willingly terminates the marriage contract/bond. A husband can pronounce talaq orally as well as in writing according to the Muslim Family Laws Ordinance 1961 section 7.

After written notice of divorce or oral Talaq to wife. Husband is duty-bound to send written notice by registered post to the Union Council or concerned government office in charge of issuance of divorce certificates. In the said notice the husband must mention the address of his ex-wife, thereby enabling the government office to issue notices to her by registered post and it shall constitute arbitration Council within 30 days of receipt of notice for the purpose of reconciliation and settlement if possible. Union Council or Chairman Arbitration Council is bound to issue a divorce certificate after 3 monthly notices (a period of 90 days).

If you are not in Pakistan then you will appoint a Special Power of Attorney who will appear before the authorities on your behalf.

This was to protect women from an instant or unrecorded divorce.

An important point to be noted about verbal talaq:

A verbal talaq is not recognized by law and the husband’s failure to send written notice to the government office is treated as no divorce in law. However, it is also important to note that as per Islamic scholars, divorce once pronounced by the husband and khula once obtained from the court of law is effective and binding.

Mutual Divorce (Talaq-i-Tafweez and Mubarat) Law in Pakistan

There is no need to approach the courts in both these forms of divorce meaning that the marriage can be dissolved quickly and with few procedural steps. In the Mutual Divorce case, both husband and wife may sign a Mutual Divorce Deed and send a written notice under section 8 of the Muslim Family Law Ordinance to the concerned government office, however, the government office is duty-bound to follow the procedure of issuance of notices before issuance of dissolution of marriage.

Wife’s Right of Divorce or Talaq

If a husband has delegated the right of divorce unconditionally to her wife in the marriage contract or the nikahnama then the wife can also dissolve her marriage unilaterally. If such a right of divorce to the wife is not given to or mentioned on Nikahnama then the wife cannot dissolve her marriage herself but she still has the right to apply for khula in the Family Courts of Pakistan.

What is Khula?

Khula is also known as dissolution of marriage by way of judicial divorce.

Khula Rules or Grounds on which a woman may seek khula include:

1. Desertion by husband for four years.
2. Failure to maintain wife for two years.
3. Husband contracting a polygamous marriage in contravention of established legal procedures.
4. The husband is imprisoned for seven years.
5. Husband’s failure to perform marital obligations for three years.
6. The husband is impotent from the time of the marriage.
7. Husband’s serious illness or insanity for a long time.
8. 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).
9. Husband’s cruelty including physical or other mistreatment, unequal treatment of co-wives,
10. Any other ground recognized as valid for the dissolution of marriage under Muslim law

Judicial khula may also be granted without the husband’s consent if the wife is willing to forgo her financial rights in accordance with the Dissolution of Muslim Marriages Act 1939

Filing of Khula in the Family Court:

At the time of filling the khula suit, the wife has to waive off her haq mehr/dower amount if it is not paid. Anything gifted to the wife by the husband or the husband’s family does not have to be returned necessarily. The court decides how much and what is to be returned on the facts and other pieces of evidence of the case. The wife’s failure to pay back such items does not render khula ineffective, the husband has to file a separate suit for the recovery of such gifted items.

After hearing the case the Family court issue decree and sends a notification to Chairman Arbitration Council or Union Council. They proceed with notice of Talaq and once a period of 90 days is over the Khula becomes effective. However, if a couple is able to resolve their mutual differences in any way before the completion of 90 Days divorce process at Union Council, they can simply stop it by submitting a Reconciliation Deed. A sample of the Reconciliation deed can be seen here.