Everything about Divorce (Talaq) Law in Pakistan

Everything about Divorce (Talaq) Law in Pakistan

All about the divorce law in Pakistan, What is divorce procedure in Pakistan, time for legal divorce procedure, what is mutual divorce, what is khula law in Pakistan, divorce procedure for overseas Pakistani, how to get union council divorce papers and how to send the divorce notice to wife in Pakistan?

If you are looking for the answers of all these above-mentioned questions you are right here. In this article we will discuss about the divorce law in Pakistan and if you want to divorce your wife then what is the procedure of it.

We live in an Islamic state where according to Islam Marriage is a strong bound between spouses but if they feel they don’t want to live with each other they can dissolve this relationship.

In Islam divorce is disliked by Allah, however, in certain marriage cases, there is no solution but to have separation.

Islam has given the rights to both men and women to dissolve a marriage if they can’t survive with each other. Man can divorce (Talaq is a procedure through which a man can divorce her wife in Islam) to his wife and women can file for Khula (is a procedure through which a woman can divorce her husband in Islam).

Since the divorce procedure has a great importance therefore we have outlined a detailed understanding of the divorce law in Pakistan.

What is the Legal divorce procedure in Pakistan?

The legal divorce procedure in Pakistan is different for men and women. For Muslim couples, man can give divorce to his wife whereas the women can file for Khula in Pakistan. Women need to file the case for having a divorce in the family court, on the other hand, the men don’t need to file the case in the family court. The man has to file his case in the arbitration council to get divorce (talaq) and women need to file the case.

The man willing to divorce need to prepare stamp papers for divorce and then need to submit it into the attribution court and also need to send its copy to his wife.

The man can give the talaq orally but it is not recognized by the divorce law in Pakistan. He must need to prepare the stamp papers for divorce and need to submit them in attribution court, if he fails in doing so then the divorce will not be treated as legal.

The man who want divorce also need to appear in the arbitration council himself or through a council / Lawyer. The arbitration council issues notifications to both the man and woman to appear before the arbitration council on the given time and date. In this regard both parties get noticed through the secretary. The two representatives from both sides also need to be present at that time.

The time period for the legal divorce procedure in Pakistan:

The time period for the legal divorce procedure in Pakistan takes three months for husband. The family law is very clear in time duration for the legal divorce procedure in Pakistan for husband and the law says that minimum the 3 months period the proceedings will be conducted. After the three months the Union Council issues a certificate stating that the divorce is now effective.

What is mutual divorce law in Pakistan?

If the couple does not want to live together and want separation through mutual understanding there is no legal involvement. They to sign a Mutual Divorce Deed and send a written notice to the concerned Union Council in accordance with section 8 of the Muslim Family Law Ordinance. The same procedure as of a normal divorce notice will be adopted by the council.

What is Khula Law in Pakistan?

If at the time of Nikah a woman not granted the right of having a divorce in her Nikahnama then she can file for having Khula in the Family Court under the West Pakistan Family Courts Ordinance. A woman can only get Khula under the Muslim Marriages Act 1939, the judicial khula will be granted only without the consent of the husband only based on the certain conditions mentioned below:

The husband is not with the wife for four years.

Husband constricting a polygamous marriage in the disobeying of conventional legal procedures.

Husband not able to fulfill the marital obligation for three years.

Due to husband’s illness or insanity for two years.

Physical and verbal abuse by the husband.

Mistreating and not giving equal right in presence of co-wives.  

If the husband is impotent since the time of marriage.

Husband’s imprisonment for seven years.

Divorce procedure for overseas Pakistani:

The overseas Pakistani can also divorce the wife in Pakistan by sending the lawyer with 1st, 2nd, and 3rd talaq notice. Divorce procedure for overseas Pakistani is conducted by a competent lawyer appointed through the power of attorney duly attested by the Pakistani embassy for divorce. The procedure for sending the divorce to the wife is the same as mentioned below and it will also take 90 days to complete the procedure after that union council will issue the effective divorce notice.

If a husband is a Pakistani national he can divorce in Pakistan as well. Even if a husband is not a Pakistani national but his wife is a Pakistani National or even if both husband and wife are not Pakistani national they can get divorce in Pakistan provided that the marriage is registered in Pakistan.

Khula procedure for overseas Pakistani female:

The Khula procedure for overseas Pakistani female is different from the procedure of overseas Pakistani male. The oversea woman need to file a case in family court by hiring a lawyer in Pakistan who will take details from the client and file a case in family court and ultimately get her the Khula.

So, readers, it’s all about divorce law in Pakistan, What is divorce procedure in Pakistan? I hope this article will help you in understanding the divorce law.

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