Divorce Laws in Pakistan

A marriage between a Muslim couple is a social/legal contract, as has been observed by the Supreme Court of Pakistan while rendering several different judgments on marriage disputes. Just like any other contract, the parties to the contract are at free will to repudiate the same after paying compensation to the other party Compensation in the case of marriage is referred to as dower (Haq Meher). According to shariat law as enforced in Pakistan, however, a husband can dissolve marriage after pronouncement of Talaq to her wife.. If a wife is allowed the right to divorce her husband with mutual consent from both parties, and this term is mentioned in the Nikahnama (Islamic marriage contract), she can end the marriage by pronouncing Talaq (a declarative statement of intent to divorce). However, if the right to divorce is not given to the wife in the Nikahnama, she can still dissolve the marriage through Khula (a wife- initiated divorce) by recourse to a Qazi (Islamic judge). This right has been historically exercised when the husband has failed to divorced his wife.

Pakistani law has devolved the power to grant divorces to special courts called Family Courts. Therefore, it is in the best interest of a wife to approach the Family Court for a dissolution of marriage through the best divorce lawyers in Lahore. These lawyers will help her obtain a divorce on the grounds of khula.

Burhan & Associates is the best law firm in Lahore and our divorce lawyers are the best in the city. When filing a divorce case, we take special care to protect our client's interests. This includes custody and maintenance of minors, schedule meetings with the minors, recovery of dower (Haq Meher), and recovery of dowry articles, personal belongings, and gifts as the case may be. We understand that all of these matters are interconnected and we will do everything we can to ensure a favourable outcome for our client. There are several methods that can be used to get a divorce in Pakistan. Some of the most common methods include:

1. Divorce (Talaq) by Husband

2. Mutual Divorce by Husband and Wife

3. Divorce on the legal principle of Khula by Wife

Each method has its own unique set of requirements and procedures, so it's important to consult with a divorce lawyer to determine which one is right for your situation.

DIVORCE (TALAQ) BY HUSBAND

The right of divorce for husbands is provided by Section 7 of the Muslim Family Law Ordinance in Pakistan. This section states that a husband can divorce his wife by pronouncing talaq, or a written divorce, three times. However, the Supreme Court of Pakistan has recently ruled that a husband cannot divorce his wife without pronouncing talaq three times at three different instances. Each Talaq should be served to the wife in written form, with a copy being sent to the Chairman of the Arbitration Council. The Chairman Arbitration Council is required to send 1 notice per month to each party before completion of 90 days for the purpose of attempting reconciliation between husband and wife. If reconciliation is successful and the parties reconcile, then the Talaq will be deemed to be revoked and ineffective. If reconciliation is not possible within 90 days, then the Talaq will be considered effective and the Chairman Arbitration Council will be required to issue a Divorce Certificate, dissolving the marriage.

MUTUAL DIVORCE BY HUSBAND AND WIFE

This Islamic divorce method is when both husband and wife want to end their marriage and come to a mutual agreement. They'll execute a divorce deed and send a copy of it to the Chairman Arbitration Council. This is the most convenient way to get divorced, and it also saves time by avoiding going to court. Our team at Burhan & Associates are experts when it comes to drafting agreements between parties. We always make sure that all terms and conditions are fair and square for everyone involved before moving forward with mediation. We also take into consideration what everyone wants and needs out of the agreement to make sure that everyone walks away happy.

DIVORCE ON PRINCIPLE OF KHULA BY WIFE

The third common method of effectively dissolving the marriage is by going to the Family Court and getting a Decree of Khula. In this case, the wife has to file a suit in the nearest family court in the district where she lives. It's important to note that khula is an Islamic right available to wives who have developed hatred for their husbands. If you're a wife who needs to file for divorce, the process is now simpler than ever. All you need to do is to hire a top divorce lawyer in Lahore and provide him with all the details and documents necessary for preparing a case. You'll only have to appear in court once, for the purpose of identifying yourself before the judge. Even if you don't have your marriage certificate (nikah nama), you can still file for khula with an affidavit, while confirming the date of marriage and the fact that the marriage certificate is in the custody of your husband or any third person. After the case is filed, the wife will submit oral and written evidence in court, if applicable, along with a witness. The court will then announce khula in favor of the wife. The decision by the family court is called the decree of khula. The khula proceedings usually take up to one or two months at most.

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