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Divorce (Talaq) Process in Pakistan

Divorce Law For Islamic Talaq and Khula in Pakistan

Divorce law for Islamic talaq and procedure of divorce in Pakistan is easy and not complicated. However, Khula has a long procedure. There are several types of Talaq (Divorce) in Islam. A divorce deed & NADRA Divorce Certificate are sufficient evidence of divorce in Pakistan. 

Divorce Law and Khula Procedure Lawyers in Karachi

Divorce and Khula Rules in Islam

The Islamic law of divorce may take many forms. A woman who wishes to divorce her husband has two options: either to seek a dissolution of marriage or to seek a khula. The dissolution of marriage is a divorce resulting from certain permissible circumstances, such as abuse or abandonment. A religious judge grants the divorce. The marriage is dissolved if the Court  grants, and the husband is obligated to pay the deferred Mehar/Mahr specified in their marriage contract. 

Divorce with Mutual Consent as Talaq-e-Mubara’at 

A divorce by mutual consent without grounds is known as  Mubara’at. The divorce requires a husband’s consent, and it must be accompanied by consideration passed from the wife to the husband. It is not uncommon for the wife to relinquish her claim to the deferred Mehar/Mahr under this consideration. Contrary to permissible divorce methods for a woman, a husband may unilaterally divorce his wife, known as talaq, but if he does it for no reason and without explanation, it is not allowed. Following talaq, the husband must, however, pay the wife their deferred Mehar/Mahr.

No Concept of Combine Marital Property in Islam

Islamic law does not recognize the concept of combine marital property. The contract between a man and his wife is called marriage in Islam. Marriage does not merge a man’s and a woman’s legal identities. During the marriage, and in case of a divorce, the assets of the man gained before the marriage, and after the marriage remain his own property.

No Distribution of Property After Divorce

Under Islamic law, there is no requirement for property redistribution in the event of divorce. Both spouses walk away with their own property from their marriage. Muslim wives who divorced while still married but did not work outside the home, except for the deferred Mehar/Mahr, are left with little or no claim on the couple’s assets. If the man does not have any assets, he will still be required to pay the deferred Mehar/Mahr to the woman.

Khula Can Be Applied To The Family Court

In Pakistan, Khula can be applied to the Family Court  if a Muslim wife wishes to dissolve the marriage, but the husband does not wish to divorce (Talaq). It might also be used if the wife does not have the power to divorce (Talaq). 

A Divorce and Family Lawyer should be engaged by the wife, who shall file after considering her complaint an application for Khula in the family court.
The wife must appear at least once in the court, for the purpose of confirming her case, after which the decree of Khula.

NADRA Marriage Certificate

After the completion of hearing of the case, as soon as the decree of Khula is acquired by the wife, she must ask his lawyer to file an application for the issuing of a Divorce (Talaq) certificate with the Union Council in the relevant  municipality in which Nikah was registered or the municipality where she quickly resided.

Delegated Power of Divorce to Wife

Pakistani Muslim wife cannot divorce (Talaq) herself unless their husbands delegate her with the power of divorce (Talaq) in Nikah nama. When a delegated authority is used, the divorce procedure (Talaq) is carried out.  It is a simple difference that the husband-spouse will have to execute a Divorce (Talaq) and report to the Chairman, Union Council to issue a Divorce (Talaq) Certificate.

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NADRA Divorce Certificate: Procedure

Following the formal Divorce (Talaq) the husband is required to send a duplicate of the Divorce (Talaq) to the wife. In Pakistan, the husband is required under family law to submit a written notice of divorce (Talaq) to the Chairman Union Council within 7 days from the date of the written divorce (Talaq) for the issuance of the Divorce (Talaq) Certificate.

As soon as the Union Council Secretary receives a Divorce Notice (Talaq), an Arbitration Committee is formed to continue proceedings and try to make the marriage reconciled.
The Union Council will send notices to both of the parties, so they can appear before the Arbitration Council. Within three months, if no reconciliation occurs among the parties, a Divorce Certificate (talaq) will be issued and dissolution of marriage, under the legal guidelines, will be deemed final.

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