Divorce in Pakistan
Divorce is a legal process that dissolves a marriage. In Pakistan, divorce is governed by the Muslim Family Laws Ordinance, 1961 (MFLO). The MFLO gives both husbands and wives the right to divorce, but the husband has a unilateral right to divorce, while the wife can only divorce if the husband agrees or if she is granted a khula by the court.
Types of Divorce in Pakistan
- Talaq is a unilateral divorce that can be pronounced by the husband. Talaq can be pronounced orally or in writing. If the talaq is pronounced orally, it must be done in the presence of two witnesses. If the talaq is pronounced in writing, it must be signed by the husband and the two witnesses.
- Khula is a divorce that is granted by the court to the wife. The wife can only be granted khula if she meets certain requirements, such as paying the husband a sum of money or waiving her right to dower.
Procedure for Divorce in Pakistan
- Talaq can be pronounced by the husband at any time. However, if the husband pronounces talaq three times in succession, the divorce is irrevocable. If the husband wants to take his wife back after pronouncing talaq three times, he must go through the process of khula.
- Khula can be initiated by the wife by filing a petition in the Family Court. The court will then try to reconcile the couple. If reconciliation is not possible, the court will grant the wife a khula decree.
Case Laws on Divorce in Pakistan
- Zubeda Khatoon v. Muhammad Ashraf (1996 MLD 1689): This case established that talaq pronounced by the husband in the absence of the wife is invalid.
- Mst. Salma Bibi v. Muhammad Ashraf (2004 MLD 183): This case established that the wife can be granted khula even if she has not paid the husband any money or waived her right to dower.
- Muhammad Aslam v. Mst. Fauzia Bibi (PLD 2005 SC 217): This case established that the husband cannot unilaterally revoke a khula decree.
Conclusion
Divorce is a complex legal process in Pakistan. The laws governing divorce are based on Islamic law, but they have been modified by the MFLO. The procedure for divorce varies depending on the type of divorce. If you are considering divorce, it is important to consult with an experienced lawyer to understand your rights and options.
References
Tags
Basic Pakistani Laws