Divorce Procedure in Pakistan

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DIVORCE

Divorce Law In Pakistan
As per Muslim Personal Law, in Pakistan, a 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 authorized 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.
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