Written Statement for Dissolution of Marriage in Pakistan: Format & Example

 Written Statement for Dissolution of Marriage: A Practical Example

Introduction

A written statement is a formal response by the defendant (respondent) to a claim filed by the plaintiff (petitioner) in a court of law. In the context of dissolution of marriage (khula or divorce) in Pakistan, the written statement serves as a legal rebuttal to the petition for divorce.

This blog provides a detailed guide on drafting a written statement for dissolution of marriage, including legal provisions, format, and a practical example.

Legal Framework for Dissolution of Marriage in Pakistan

1. Dissolution of Muslim Marriages Act, 1939 – Governs the legal grounds for a wife seeking divorce (khula).

2. Muslim Family Laws Ordinance, 1961 – Regulates divorce procedures, including reconciliation efforts.

3. Family Courts Act, 1964 – Specifies the jurisdiction and procedures for family law cases in Pakistan.

Key Components of a Written Statement

A written statement must include the following:

1. Court Name and Jurisdiction

2. Case Title (Petitioner vs. Respondent)

3. Introduction of the Respondent

4. Admission or Denial of Allegations

5. Legal Grounds for Response

6. Counterclaims (if any)

7. Prayer Clause (Request to the Court)

8. Verification by the Respondent

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Practical Example of a Written Statement for Dissolution of Marriage

IN THE FAMILY COURT, LAHORE
Family Suit No. _______ of 2024
Mst. [Petitioner's Name]
(Petitioner)
Vs.
Mr. [Respondent's Name]
(Respondent)

WRITTEN STATEMENT ON BEHALF OF THE RESPONDENT

Respectfully Sheweth:

1. Preliminary Submissions:

   • That the petitioner has filed a suit for dissolution of marriage against the respondent, which is based on false and baseless allegations.

   • That the petitioner and respondent were lawfully married on [Marriage Date] and have been living together as husband and wife until [Separation Date].

2. Response to Allegations:

   • The allegations mentioned in the petition are denied unless specifically admitted herein.

   • The respondent has always fulfilled his marital obligations and has never subjected the petitioner to any cruelty, abuse, or misconduct.

   • The petitioner, on her own free will, left the marital home on [Date] without any valid reason and refused to return despite several attempts for reconciliation.

3. Reconciliation Efforts:

   • The respondent made multiple efforts for reconciliation, including approaching elders and religious scholars, but the petitioner refused to reconcile.

   • The respondent is still willing to settle the matter amicably.

4. Legal Grounds:

   • The petitioner has failed to provide substantial proof to justify the dissolution of marriage.

   • Under Muslim Family Laws Ordinance, 1961, the reconciliation period must be observed before granting a final decree of dissolution of marriage.

5. Prayer Clause:

   • In light of the above, it is humbly prayed that the honorable court may: a) Dismiss the suit for dissolution of marriage as it lacks legal grounds. b) Grant any other relief deemed appropriate in the interest of justice.

Verification: I, [Respondent’s Name], verify that the above-stated facts are true and correct to the best of my knowledge and belief.

[Respondent’s Signature]
[Date]
[Address]

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Conclusion

A well-drafted written statement is crucial in family law cases. It must be structured properly, addressing all allegations and including relevant legal provisions. Seeking professional legal assistance ensures that the response is drafted in line with Pakistani laws and protects the respondent’s rights in court.