Some FAQ Regarding Procedure of Divorce in Pakistan
When a Husband and Wife think that they can not live together anymore then their are thousands questions comes into their minds regarding how they can dissolve their marriage through divorce or khula as per Law in Pakistan. In this article we will try to answer some major frequently asked question in such situations.
There are few different ways in Muslim Family laws to dissolve the marriage contract:
- Divorce by husband: A husband can use his right to divorce his wife whenever he desires without assigning any cause, without the intervention of any Court.
- Mubara’at: A husband and wife can dissolve their marriage by mutual consent, without the intervention of a Court.
- Khulla: It is a divorce with the consent, wife can file a Khula suit in the court. Section 2 of Dissolution of Marriages Act, 1939 empowers a woman married under Muslim Law to be entitled to obtain a decree for the dissolution of her marriage on various grounds such as husband treats her or makes her with cruelty, attempts to force her to lead an immoral life, have immoral links with other women, mental or other physical torture or on any other ground which is recognized invalid under Muslim Family Laws of Pakistan.
Differnt Ways of Divorce by Husband
Oral Divorce: Any Muslim man with sound mind can adopt this way. There is no specific set of words prescribed for effecting an Oral Divorce/Talaq. If the used words are well understood as implying divorce no proof of intention is required.
Divorce in Shia Law: It must be pronounced orally in clear words and in the presence of two competent witnesses. According to Fiqha Jafria presence of two witnesses is a condition precedent of a valid talaq / divorce.
Mubara’at A marriage can also be dissolved by a mutual agreement between the husband and the wife. Such dissolution of marriage is called mubara’at.
Khula or Judicial Divorce It is another for of divorce. A wife can file a khula suit under the "The Dissolution of Muslim Marriages Act, VIII of 1939". Any woman who is married under the Muslim Law is entitled to obtain dissolution of her marriage decree for the competent court of law on any one or several of the following grounds mentioned below:
- Husband's behaviour is cruel.
- Husband has immoral links with other women.
- Husband has more wives and failed to fulfill wife's rights.
- Husband lives an infamous life.
- Force wife to have immoral links with other men.
- Try to obstructs of her religious practice.
- Husband is impotent and continues to be even after medication.
- Husband has failed to provide proper maintenance to the wife for a peroid of two years or more.
- A wife can also use this right if the husband has been sentenced to the jail for long peroid.
Point to be noted
There are three different requirments under the Muslim Family Laws Ordinance, 1961 that give effect to a talaq / divorce:
- Process followed in accordance with Muslim Family Laws of Pakistan
- Service of Notice on Chairman arbitration / union council
- Service of copy of Notice on wife / husband. If any one of such conditions is not satisfied, the Talaq / divorce would not be effected even after 90 days.