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Divorce Law / Khula by Court

Muslim Personal Law: In Pakistan Husband can Divorce his lawfully wedded wife by a Deed of Divorce which can be prepared wherein Triple Divorce is pronounced before witness. However, wife can only seek Khula from her husband if her right of Divorce was deleted or not authorised in her marriage contract, known as "Nikkanama". Therefore in most cases wife would be supported by our litigation department for filling of Khula application in court based on following Law and Ordinance;

      • Dissolution of Muslim Marriages Act 1939
      • Muslim Family Law Ordinance 1961
      • (West Pakistan) Muslim Personal Law (Shariat) Application Act 1962
      • (West Pakistan) Family Courts Act 1964
      • Offence of Zina (Enforcement of Hudood) Ordinance 1979
      • Law of Evidence (Qanun-e-Shahadat) Order 1984
      • Enforcement of Sharia Act 1991
      • Dowry and Bridal Gifts (Restriction) Act 1976
      • Prohibition (Enforcement of Hudood) Order 1979
      • Offence of Qazf (Enforcement of Hudood ) Order 1979
      • Execution of Punishment of Whipping Ordinance 1979
Divorce (Talaq) by the Husband
Under Muslim Family Laws Ordinance limited reforms have also been introduced in relation to talaq. Under Muslim Family Laws Ordinance a divorcing husband shall, as soon as possible after talaq has been pronounced, in whatever form, give a notice in writing to the chairman of the Union Council. The chairman must then supply a copy of the notice of talaq to the wife. Non-compliance is punishable by imprisonment and/or a fine. Within thirty days of receipt of the notice of talaq, the chairman must constitute an Arbitration Council in order to take steps to bring about a reconciliation between the husband and the wife. If and when such attempts to negotiate a reconciliation fail, a talaq that is not revoked in the meantime, either expressly or implicitly, takes effect after the expiry of ninety days from the day on which the notice of repudiation was first delivered to the chairman. If, however, the wife is pregnant at the time of the pronouncement of talaq, the talaq does not take effect until ninety days have elapsed or the end of the pregnancy, whichever is later.
Failure to Give Notice of Talaq

Failure to notify, in the above stated manner, invalidated Talaq until the late 1970s and early 1980s, but introduction of the Zina Ordinance allowed scope for abuse as repudiated wives were left open to charges of zina if their husbands had not followed the Muslim Family Laws Ordinance notification procedure. Since early 1980s, the practice of the Courts in Pakistan is that they validate a Talaq despite a failure to notify as provided under the said Ordinance.

Judicial Divorce / Khula (Dissolution of Marriage)
Judicial "Khula" / Dissolution of Marriage may also be granted without the husband's consent if the wife is willing to forgo her financial rights.
Grounds for Judicial Divorce on which a woman may seek khula include:
  • Desertion by husband for four years,
  • Failure to maintain for two years
  • Husband contracting a polygamous marriage in contravention of established legal procedures,
  • Husband's imprisonment for seven years,
  • Husband's failure to perform marital obligations for three years,
  • Husband's continued impotence from the time of the marriage,
  • Husband's insanity for two years or his serious illness,
  • 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),
  • Husband's cruelty (including physical or other mistreatment, unequal treatment of co-wives), and
  • Any other ground recognised as valid for the dissolution of marriage under Muslim law.
Divorce Law
Child Custody
Rent Law
Property Law

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