A marriage is a social and legal contract that creates wedlock between husband and wife. In Islamic law, the sanctity of marriage is honored much. Affection and wellbeing is the base of this relationship if the same is not being maintained by both the parties, then it may seek the dissolution of marriage which is called divorce (talaaq). Then how to get divorce in Pakistan under the Muslim Family Law which regulates under Islamic jurisprudence that is the institute of marriage.
When the Husband Wants to Divorce her Wife:
Divorce is a mode of dissolution of marriage. This can be done by both parties; husband and wife. In the case of dissolving the contract of marriage by the husband, it is called divorce. This is regulated by the Muslim Family Laws Ordinance. It is very simple for the husband to divorce her wife without the intervention of any court of law.
If the husband wants to divorce her wife he has to get divorce deed from the nearest court area (Ketchehry) in which reasons for the divorce mention clearly that’s why he is divorcing his wife.
Very rear but possible if the wife has the power to divorce her husband (if she gets this power during the singing her marriage contract (Nikah Nama).
The husband should file the case before the family court to get a divorce by following the same process.
When the Wife Seeking for Divorce:
In the instance of the wife, the regulatory authority is the Dissolution of Muslim Marriages Act. As for the wife, there are also two ways of dissolving the contract of marriage:
- She can pronounce divorce if she has delegated the right of divorce (talaq) in the marriage contract (nikah naama). This way of divorce is normally not acceptable in our society (in a man dominant society probably man determines the norms of the society-decide to write the conditions in the marriage of contract which is totally unfair and unjust) and do not allow the wife/female to use her right, the Nikah Khawan cross the condition without acknowledging/permitting by anybody.
Suit for Dissolution of Marriage:
- By filing a suit for dissolution of marriage in the family court on the basis of “khula”.
What is the procedure to get divorce in Pakistan and how to file the family suit?
- The suit for dissolution of marriage should be filed by the wife with the reason why she wants to get divorced before the family court within the jurisdiction where she is living.
Documents are required for getting divorce in Pakistan:
- Plaint which describes the reason of the dissolution of marriage on the basis of “khula”
Plaintiff: who will file the case will be the plaintiff
- CNIC of the wife
- Copy of the marriage certificate (nikkah nama)
- List of witness
- The court will fix the case for hearing and summon/notice to the other party (called the defendant) to defend this case.
- If the defendant appears before the case on the date of hearing and put his reply the court may try to reconcile the matter with the free consent of both the parties if the reconciliation done the suit will be dismissed otherwise suit will be decreed in favor of the Plaintiff and against the defendant and Plaintiff/wife will be payback the dower amount to the Defendant/husband which she received at the time of marriage.
- If the defendant/husband will not appear before the court on the date of hearing the court may issue the again summon/notice to the defendant/husband, after the third summons/notice the court will order for the proclamation in the newspaper and give the final opportunity to the defendant/husband to appear before the case.
- But if the defendant/husband will not come then the court will start the Ex-parte proceeding against the defendant/husband and fix for the Ex-parte evidence.
- The plaintiff/wife on next date of hearing will appear before the court with witnesses and the court will record the statement of the plaintiff/wife and her witnesses which should support the statement of the plaint, the documents may be exhibited which is necessary to exhibit at the time of evidence or maybe on next date (it’s up to the plaintiff’s counsel)
- The court will fix the final arguments and order.
The suit for dissolution of marriage can also be contested by the defendant and the court will decide as per evidence or the court may discretionarily once try to consolidate the matter as arbitrator.
Whereas, if the contract of marriage is being dissolved by the wife as above mentioned, then it is called “Khulaa”, the plaintiff/wife will get the certified copies of the order/decree of her suit from the court and file an application along with plaint and order/decree for “divorce certificate” before the Chairman Arbitration Council/Union Council where the contract of marriage (Nikkah Nama) was registered that will be issued after the three months (Iddat Period). So, it is the complete procedure how to get a divorce in Pakistan.
Overseas Pakistanis can also seek divorce only if their marriage is registered within the jurisdiction of Pakistan. The same can be done by appointing someone through Special Power of Attorney who will represent him/ her on his/ her behalf in the court.