Rules and Laws Regarding Dissolution of Marriage in Pakistan
In Pakistan a marriage can be dissolved by adopting various procedures based on different situations e.g. a females gets divorce by the way of Khulla, a man executes his right of divorce by serving a duly written divorce deed or by the way of Mutual Divorce deed written with the consent of both partners.
What is Khulla & Process of Khulla?
Khulla is the right given to a female in the Sharia law as well as prescribed in Muslim Family Laws of Pakistan. A female can seek the khulla when she thinks that she cannot live happily with her husband within the limits prescribed by Almighty Allah. A wife can file a suit for dissolution of marriage and can also pronounce Talaq, if such right has been delegated to her at the time of marriage in her Nikah Nama.
Our “Dissolution of Muslim Marriages Act” describes in details how a woman can obtain a decree for the dissolution of her marriage on any one or more of the following grounds:
- Husband is missing for four or more years.
- Husband is charged in a crime and sentenced to imprisonment for a period of seven years or upwards.
- Failed to financially maintain his wife.
- Husband was impotent at the time of marriage or failed to perform matrimonial obligations.
- Mentally insane from last two years or more.
- Cruel treatment at home/Domestic violence etc.
- Husband have notorious reputation or force wife to an immoral life.
- Create hurdles or stop her in her religious practices
- Hatred between spouses can also be a reason for the filling a suit for dissolution of marriage
What is Divorce by Husband & Process of divorce by husband?
Divorce is right given to a male in the Sharia law as well as prescribed in Muslim Family Laws Ordinance 1961 of Pakistan. A husband who is not happy with his wife due to any reason and therefor can not live with his wife happily within the limits prescribed by Almighty Allah then such person can divorce his wife according the to Section 7 of Muslim Family Laws Ordinance 1961 (MFLO 1961).
Section 7 of MFLO 1961 has laid down divorce procedure as following:
- Pronouncement of divorce in written to the wife.
- A copy of the same should be sent to the concern Chairman Arbitration Council.
- An application to the Chairman Arbitration Council for the issuance of Divorce Certificate.
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