In Pakistan, the divorce process follows Islamic law and specific legal steps. Knowing these steps can help you go through the process smoothly and ensure your rights are protected.
This guide covers the different types of divorce, legal grounds, and the steps to follow in Pakistan.
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Understanding Divorce in Pakistan
In Pakistan, divorce is regulated by Islamic law and the Family Courts Act 1964.
There are different types of divorce, including Talaq, Khula, and Mubarat. Each has its own procedures and requirements. Knowing these differences can help you choose the right path for your situation.
Types of Divorce in Pakistan
Talaq: This type of divorce is started by the husband. He can say Talaq three times, either all at once or over time. Talaq can be spoken or written and is the most common form of divorce in Pakistan.
Khula: This type of divorce is started by the wife. She seeks separation from her husband through the family court. In Khula, the wife usually has to return her dower (Haq Mehr) or any gifts received from the husband.
Mubarat: This is a mutual divorce where both the husband and wife agree to end the marriage. Mubarat is a friendlier process as both parties consent to the divorce.
Legal Grounds for Divorce in Pakistan
Several reasons justify a divorce in Pakistan. These include adultery, cruelty, desertion, impotence, and failure to provide maintenance.
Each reason requires proof, and the court will look at the evidence before granting a divorce.
The Talaq Process
Declaration of Talaq: The husband must say Talaq either orally or in writing. This declaration must be made in the presence of two witnesses.
Registration with Union Council: The husband must then register the Talaq with the local Union Council within 30 days. If he fails to do this, he can face legal penalties.
Notice Period and Reconciliation Attempts: After the Talaq is registered, a notice is sent to the wife. A 90-day reconciliation period begins. During this time, efforts are made to reconcile the couple. If these efforts fail, the divorce becomes final after 90 days.
The Khula Process
Filing for Khula in Family Court: The wife must file a suit for Khula in the family court, explaining her reasons for seeking divorce. This suit must include all necessary documents, such as the marriage certificate (Nikah Nama) and proof of any mistreatment or incompatibility.
Notice to Husband and Proceedings: The court sends a notice to the husband, and hearings are held. The husband may contest or agree to the divorce. The court will look at the evidence and testimonies from both sides.
Finalization of Khula: If the court agrees with the grounds for divorce, it grants the Khula. The wife usually has to return the dower (Haq Mehr) or any gifts received from the husband. The court will issue a decree nisi, which becomes absolute after a specified period.
Mubarat: Mutual Consent Divorce
In Mubarat, both spouses agree to end the marriage. They file for divorce together, and the court grants it after confirming mutual consent.
This process is usually quicker and less contentious. Both parties must agree on the terms of separation, including child custody and financial settlements.
Role of Union Council in Divorce Procedure
The Union Council plays an important role in the divorce process. It is responsible for registering the divorce and sending notifications to both parties. The Union Council also helps with mediation and reconciliation efforts to save the marriage. If reconciliation fails, then both parties get a divorce certificate from union council.
Documents Required for Divorce in Pakistan
To start a divorce, you generally need the following documents:
- ID Documents: National Identity Cards of both spouses.
- Nikah Nama (Marriage Certificate): The original marriage certificate.
- Divorce Deed: A written declaration of divorce.
Post-Divorce Matters
After the divorce is finalized, several issues need to be addressed:
Custody of Children: The court decides on child custody based on their best interests. Generally, young children are placed with the mother, while older children may choose which parent they want to live with.
Financial Settlements: Financial matters, including maintenance (Nafaqah) and dower (Haq Mehr), are settled by the court. The court ensures that the wife’s and children’s financial needs are met.
Challenges and Common Issues in Divorce Proceedings
Disputes over child custody, financial settlements, and property division can complicate divorce proceedings.
It’s important to seek legal advice to handle these challenges effectively. Getting a family lawyer can provide valuable support and guidance throughout the divorce process.
Legal Support and Counseling for Divorce
Getting a family lawyer can provide valuable support and guidance throughout the divorce process.
Legal counsel can help protect your rights and ensure the process is fair. Counseling services are also available to help individuals cope with the emotional aspects of divorce.
For any assistance with divorce or family suits, please contact us for expert legal advice and support.