Expert Divorce Lawyer for a Smooth Divorce Process in Pakistan

The increasing divorce ratio in Pakistan is a worrisome situation nowadays. Divorce in Pakistan is a right of the husband in both Islamic law and state law. Despite having the same effects, there is a significant difference between Islamic divorce and legal divorce.

The procedure of divorce in Pakistan varies between husbands and wives. For husbands, the divorce procedure is as simple as pronouncing a triple talaq at once, compared to the procedure of dissolution of marriage by the Wife. However, there are several other modes of Talaq in Islam, such as Talaq, Khula, talaq-e-Mubarat (Divorce by Mutual Agreement), and talaq-e-Tafweez (also known as Divorce by Wife). In any case, the mode of divorce in Pakistan is always determined by the circumstances.

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Talaq: Divorce by Husband:

Generally, the term “divorce” comes from the Latin word divortium, meaning separation. The person who is divorced is termed a Divorcee.

Under Muslim law, the dissolution of marriage occurs either by the death of a spouse or by divorce. Divorce can be initiated by the husband unilaterally; it is termed as Talaaq., or by mutual agreement of both spouses, also known as Talaq-e-Mubarat.

In Islam, the husband holds the exclusive right to initiate divorce, known as talaq. To give a divorce, the husband must verbally announce it to the wife. This verbal talaq is recognised in Sharia law.

However, the divorce process in Pakistan legally mandates that the talaq nama in Urdu or English be in written form and registered with the relevant authority, typically the Union Council or Arbitration Council. These legal requirements are essential for a valid talaq in Pakistan.

Islamic Divorce:

Islamic law recognises three types of Divorces; here are the three broad categories:

1. Talaq-e-Ahsan:

This is the most common and approved divorce form. It involves a single pronouncement of Talaq followed by a three-month Iddat period, during which if the wife must observe three menstrual cycles. The divorce is revoked if the couple resumes cohabitation or conjugal relations during this iddat period. This leaves room for reconciliation after the first talaq for both spouses.

2. Talaaq-i-Hasan:

This form of divorce involves three pronouncements of Talaq made in successive periods. The husband makes one declaration, waits for another menstrual cycle, and makes another declaration. This procedure of divorce longs for typically three months i.e., three menstrual cycles. After the third and final pronouncement, the marriage is dissolved if there is no reconciliation.

3. Talaaq-al-Biddat (Triple Talaq):

This is an irrevocable form of divorce in which the husband pronounces Talaq three times at once. Most schools of thought in Islam do not appreciate this type of Divorce because it does not allow for reconciliation.

Iddat Period After Divorce

The mandatory period of Iddat after divorce in Pakistan is 90 days according to state law. Whereas, Islamic law mandates the completion of menstrual cycles, which also typically amounts to approximately 90 days. The primary purpose of observing Iddat is to ensure that no pregnancy exists from the former husband.

Other Modes of Dissolution of Marriage

Talaq-e-Tafweez (Delegated Right of Divorce):

In this form of divorce, the husband delegates the right to divorce to his wife through a mutual agreement. In Pakistan, it is optional in clause 18 of Nikahnama. There are two types of delegated right of divorce i.e., conditional or unconditional. The wife can exercise this right if necessary as per the agreed terms of Nikahnama.

This divorce is initiated by the wife, who seeks a separation by returning her dower (mahr) to the husband. It is done through judicial proceedings.

Talaq-e-Mubarat:

This is a mutual divorce in which both husband and wife agree to part ways. It involves mutual consent, and all marital rights and obligations end upon dissolution. This agreement may contain other terms and conditions that avoid future conflicts.

Divorce Law in Pakistan

Indeed, the law provides a prearranged procedure of divorce in Pakistan under The Muslim Family Laws Ordinance 1961. Still, there is no specific form of pronouncing divorce is present in the law. No specific words are prescribed for verbal divorce. Although there could be multiple divorce reasons in Pakistan present, legally, there is no prerequisite or reason required for a husband to give a divorce. It can be observed in the judgment reported as 2008 YLR 293, where it was held that;

Islam does not prescribe a specific method for divorce; it requires a clear intention from the husband to annul the marriage. No particular words are necessary for Talaq, and it doesn’t need to be pronounced in the wife’s presence or even addressed to her.

Difference Between Divorce and Khula

The table below will help to understand the basic difference between divorce and Khula

Khula Divorce
Khula is initiated by Wife.
Divorce is initiated by Husband.
Wife seeks dissolution of marriage through family court.
Husband pronounces divorce unilaterally without court intervention.
Court involvement is necessary to grant Khula. After that, the Union Council issues a NADRA Divorce certificate.
It directly goes to the Union Council to issue the NADRA divorce certificate. Court involvement is not required unless there is a dispute.
Based on the wife’s dissatisfaction, inability or unwillingness to live within the marriage limits set by Allah.
Based on the husband’s unilateral decision to end the marriage for any reason whatsoever.
Needs judicial approval and evidence.
It requires only the husband’s pronouncement.
The husband may not have to pay the dower (mahr) if granted.
The husband must pay the dower (mahr) and any due maintenance.
The court encourages amicable resolution and settlement through mediation.
Generally more straightforward, without mandatory mediation.
If reconciliation efforts fail, it is considered as a last resort.
It can be issued at the husband’s discretion.
The cost of this process may include legal fees of court and engaging counsel.
The cost of divorce in Pakistan may only include the stamp paper fee and newspaper publication fee.

Law For Divorce in Pakistan

Difference between Khula and Divorce can also be observed by are reading of judgments reported as 2003 MLD 1077. Reliance was placed on PLD 1967 SC 97 , and PLD 1980 SC 160, where it was held that;

Khula is the wife’s right to dissolve the marriage by paying consideration, requiring a Qazi or Judge’s decision when she cannot live with her husband. Talaq is the husband’s right to divorce; thus, the key distinction is that Khula is initiated by the wife through the court, while Talaq is exercised by the husband.

Essential Conditions for a Valid Divorce

Before delving into the divorce procedure in Pakistan, it is essential to highlight the general conditions required for a valid Talaq:

  1. Capacity: Every Muslim husband who is sane and has attained the age of puberty is legally competent to pronounce Talaq. On the other hand, a minor or a person of unsound mind cannot do so. Provided that it is pronounced during a lucid interval (in cases of insanity).
  2. Free Consent: The husband’s consent to divorce must be free from coercion, undue influence, or intoxication, except for the Hanafi law where an Issuing Divorce in the State of Intoxication (voluntary intoxication) is considered valid.
  3. Formalities: According to the rules of Islamic Divorce, a divorce can be oral or written. No specific wording is required as long as the intention to dissolve the marriage is clear. However, Shia law mandates that the Talaq be pronounced orally and in the presence of two witnesses.
  4. Express Words: The words of Talaq must indicate the husband’s intention to end the marriage. In case of ambiguity, it must be proven that the husband intended to dissolve the marriage.

Divorce Procedure in Pakistan

Law for divorce in Pakistan is governed by Section 7 of The Muslim Family Law Ordinance 1961. It is a straightforward explanation of the divorce process in Pakistan. It provides a comprehensive roadmap; fulfilling its prerequisites is necessary to complete a Pakistani divorce

THE FOLLOWING STEPS WILL GUIDE YOU ON HOW TO FILE DIVORCE IN PAKISTAN​:

TalaqNama/Divorce Notice

When a husband decides to divorce his wife through talaq, he must give written notice or TalaqNama in Urdu or English to the Chairman of the Union Council as soon as possible after the pronouncement. A copy must also be provided to the wife. This notice of talaq must be printed on stamp paper of proper value.

Contents Divorce Deed or TalaqNama

  • Specifying the type of divorce being issued.
  • It includes the personal details of the spouses.
  • It should provide the marriage details, such as the date of marriage and the amount of dower (Haq Mehr), whether it is prompt (Muajjal) or deferred (Ghair Muajjal).
  • It may include any terms agreed upon between the spouses.
  • Stating the reasons of divorce in the divorce deed is optional.

Documents Required for Divorce in Pakistan

To file divorce in Pakistan following documents are required;

  • Valid ID: such as CNIC for Pakistani nationals and Passport or foreign ID in the case of Overseas Pakistani or foreign nationals.
  • Nikah Nama: proof of marriage, i.e., Nikahnama or Marriage Registration Certificate. 
  • Divorce deed format: A properly written divorce deed printed or written on a Stamp paper.

 

Mode of Serving Divorce Paper to the Wife and Union Council

Divorce papers must be served to the wife via a recognised courier, with copies of Divorce notices sent to the Union Council nearest the wife’s residence or where the nikah was registered.

If the wife’s whereabouts are unknown:

Then, the notice of divorce should be sent to the address listed in the NikahNama or her last known residence. Alternatively, it can be served through her father, mother, or adult brother or sister. If all previous methods fail, the notice may be published in a newspaper with the approval of the chairman of the Union Council.

Penalty for Non-Compliance

If the husband fails to give the required notice under section 7(1) of the Family Laws Ordinance, 1961:

  • He may face simple imprisonment for up to one year.
  • He could be fined up to five thousand rupees.
  • He may also face both imprisonment and a fine.

Effectiveness of Talaq

The talaq will take time to be effective. Instead, it becomes effective 90 days after the notice is delivered to the Chairman. This waiting period allows time for possible reconciliation. This 90-days period may also be calculated Iddat period after Divorce.

Role of Union Council

Within 30 days ideally of receiving the talaq notice:

  • The Chairman must form an Arbitration Council.
  • The purpose of this council is to help the couple reconcile and avoid divorce if possible.
  • The council will take all necessary steps to encourage reconciliation.

Issuance of NADRA Divorce Registration Certificate

If reconciliation fails, the Union Council will document the attempts and, after the third notice, issue a divorce registration certificate sanctioned by NADRA. If the wife is unavailable, the certificate is issued to the husband, and the wife can collect it later.

The Union Council’s role is critical in ensuring a fair divorce process in Pakistan that allows both parties plenty of time to reconcile. Legal representation by the best family lawyer at Lex.com.pk can help you navigate divorce procedure smoothly.

Triple Divorce Law in Pakistan

Islamic views regarding instant talaq where all three divorces are been pronounced at a time may vary amoung different sects and school of thoughts. Such as can be observed in Mohmodan Law by Amir Ali, Vo1.II 7th Edn.; P/91; Mulsim Law of Divorce by K.N. Ahmed 1984 and Chapter 4 of Muslim Law of Divorce, Chap.4 by K.N. Ahmad, 1984 ref. and judgment reported as 2003 Y L R 2623 which says that; Different Islamic schools vary on the validity of triple Talaq (divorce). Fiqah Jaffaria, Malikies, and Shafies do not recognize it as valid, while Hanblies consider triple divorce as one if the marriage is consummated and pronounced in a specific form.

Connection Between the Islamic Concept of Triple Divorce and Law Under the Muslim Family Law Ordinance, 1961

The Islamic concept of triple Talaq (instant divorce) and its validity have been a matter of debate. The Holy Quran does not promote divorce as an immediate action that severs all ties instantly, particularly in a relationship where spouses share life’s highs and lows.

The difference of opinion on the validity of instant divorce led to legislative intervention in the form of Section 7(3) of the Muslim Family Laws Ordinance, 1961.

This provision allows a 90-day period for revocation of the divorce, yet aligns it with the Islamic teachings and gets rid of the rigid views that have developed over time that stray from the original moral principles of Islam.

Reasons Behind the Prevention of Instant Talaq

Divorce (Talaq) in Islam is highly discouraged by the Qur’an. The act of divorce places a woman in a vulnerable position and gives a male a dominating position, exposing her to various social and economic hardships, including a lifelong stigma. In most cases, a divorcee woman, left without support, may be forced into desperate circumstances. For the reason discussed herein, the legislature infused section 7(3) of the Muslim Family Law Ordinance, 1961 to provide spouses a reasonable time to rethink and reconcile.

The relevant section is reproduced as under;

“7(3) Save as provided in sub-section (5), a talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman.

Other Modes of Marriage Dissolution Provided Under Section 8 of the Muslim Family Law Ordinance 1961

Section 8 is reproduced as under:

8. Dissolution of marriage otherwise than by talaq.– Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolves the marriage otherwise than by talaq, the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.”

Explanation:

Divorce Initiated by Wife

The wife can file a case in the family court with jurisdiction over the matter. Khula allows a woman to dissolve her marriage through legal means, empowering her to seek justice. (read more about Khula).

Mutual Divorce in Pakistan

A mutual divorce occurs when both parties, with their mutual consent, agree to dissolve their marriage. This type of divorce requires the permission of both the husband and the wife. Mutual divorce is a straightforward process and is often the most amicable way to end a marriage. For those looking for a quick resolution, mutual divorce can be facilitated with the help of Expert Divorce Lawyer for a Smooth Divorce Process in Pakistan.

Delegated Right of Divorce in Pakistani Nikahnama

Clause 18 of the NikahNama allows the husband to delegate his right of divorce to the wife. This clause must be agreed upon and included during the nikah. This delegated right provides the wife with the authority to initiate divorce. Once the right has been delegated, it can be revoked, as settled in judgment reported as 2010 YLR 1 where it says that the right of divorce once granted could not be unilaterally revoked.

Divorce Law in Pakistan During Pregnancy

If the wife is pregnant when the talaq is pronounced, then the talaq will not become effective until 90 days have passed or the pregnancy ends, whichever is later.

Remarrying the Same Husband after Divorce

A wife whose marriage has been terminated by talaq can reconcile within 90 days, i.e., before issuance of a divorce registration certificate from NADRA. Even after issuance of the divorce certificate, both can remarry their former husband without marrying someone else, i.e., Halala is not necessary unless the divorce happens a third time. Because, when a husband pronounces divorce (Talaq) for the third and final time, the divorce becomes irrevocable. Then, if he wishes to remarry his former wife, Halala is required. This means the woman must marry another man, and only if that marriage ends naturally—either through divorce or the death of her second husband—can she remarry her first husband.

It can be observed in the judgment reported as 2023 PLD 286 FEDERAL-SHARIAT-COURT where it says that

Under Shariah law, Khula is a single irrevocable divorce where both spouses can remarry each other without the need for ‘halala’ after the wife’s ‘iddat’. However, if a husband pronounces Talaq for the third time, ‘halala’ becomes necessary for remarriage, requiring the wife to marry and separate from another man first but that marriage must be dissolved in normal course i.e., either by divorce or due to the death of her second husband.

Christian Divorce Law in Pakistan

Divorce for Christian marriage is regulated by THE DIVORCE ACT of 1869.

In Christian law, there are different modes of separation. However, the law mandates very strict rudiments for each to prove.

1. Dissolution of Marriage (Sections 10-17)

Legal grounds upon which either spouse can apply for the dissolution of a marriage are; For a husband, it is primarily adultery committed by the wife.

On the other hand, the wife has broader grounds, including the husband’s adultery, bigamy, incest, or cruelty. Section 10 specifies these provisions clearly.

This requires strong evidence to prove the grounds made in the petition, such as co-respondents’ role in adultery cases. It is legal recourse for dissolving a marriage in situations where the bond has been irreparably broken.

2. Nullity of Marriage (Sections 18-21)

It mainly focuses on the nullity of legally invalidated marriages, where either spouse can file a petition for it.

Grounds:

  • It may include the spouse being impotent at the time of marriage
  • Existence of a prior marriage
  • Marriages within prohibited degrees.
  • Mental incapacity at the time of marriage.

3. Judicial Separation (Sections 22-26)

A provision allowing spouses to live separately without dissolving the marriage entirely.

Grounds:

  • Adultery
  • Cruelty
  • Desertion

Judicial separation is a way for spouses to live separately while preserving the legal bond of marriage.

Reversal of Judicial Separation (Section 26)

A judicial separation decree can be reversed if obtained in one spouse’s absence. The court may reverse the decree if the absent spouse can demonstrate that the separation was based on false or incomplete facts—such as an unjustified accusation of desertion. However, the reversal does not affect the rights or obligations accrued during the period of separation. 

Hindu Divorce Law in Pakistan

In Pakistan, the Hindu Marriage Act of 2017 governs Hindu marriages and their termination. If a Hindu couple seeks divorce or termination of their marriage, this Act outlines the procedure and grounds for divorce. Hereunder are the modes of divorce or dissolution under the Act, along with the grounds for each.

Modes of Divorce of Hindu Marriage

There are the following modes of dissolving a Hindu marriage.

1. Termination by Court

Either party may file a petition for divorce based on grounds of fault by the other spouse, which include:

A wife may seek divorce if;

  • The husband has failed to provide her maintenance for a period of at least two years.
  • The husband has been sentenced to imprisonment for a period of four years or more,
  • The marriage was solemnized before the wife attained the age of 18, she can repudiate the marriage before reaching the age of 18,

Either spouse can seek divorce if other party;

  • had treated the petitioner with cruelty,
  • or, desertion,
  • ceased to be Hindu to convert to another religion,
  • a
  • suffering from incurable disease,
  • have HIV Aids,
  • renounced the world under any religious order,
  • no cohabitation after one ear of judicial separation.

2. Divorce by Mutual Consent

Under the Hindu Marriage Act, 2017, both parties can jointly file a petition for divorce with their sweet consent, but only if the conditions below are met:

  • They have been living separately for at least one year.
  • They have been unable to live together and mutually agreed to dissolve it.

Six months after the petition is presented, the Court will grant the divorce

3. Judicial Separation

The court may grant judicial separation instead of a full divorce as an alternate relief in certain cases. Judicial separation allows the couple to live separately without dissolving the marriage entirely. It also gives an opportunity for reconciliation whilst legally acknowledging separation.

4. Remarriage After Divorce

After the decree of divorce is issued by the Court and dissolving or termination a Hindu marriage, and the time for appeal against it has been expired or an appeal filed has been dismissed, either party is allowed to remarry the same spouse. However, a waiting period of six months from the final decision from court is mandatory before remarrying.

Conclusion

Whether you are seeking talaq, khula, or a mutual divorce, under Islamic Law or Pakistani State Law, or, seeking divorce under Christian or Hindu Law, yet all the modes of dissolution marriage has its own grounds and procedures according to different circumstances. it is essential to follow the legal procedures to ensure a smooth divorce process. Through Lex.com.pk, you can connect with and consult an expert divorce lawyer for a smooth divorce process in Pakistan.

M/s Legally-Ethically-Expertly (LEX), a leading law firm with experienced lawyers, provides this article’s information for public awareness through our website, lex.com.pk. We strive to provide valuable insights to the general public but do not regard this content as legal advice. For personalized guidance or assistance with legal matters, we encourage our valued readers to contact our expert lawyers by calling or WhatsApp at +92-310-8888539, or email at info@lex.com.pk. We are here to assist with tailored solutions.

Frequently Asked Legal Questions

Q1. What is the difference between divorce and Khula?

Talaq, or divorce in Pakistan, is the husband’s right to initiate a legal separation, while Khula is when the wife seeks a divorce through court by returning her dower (haq meher).

Q2. What are the conditions for a valid Talaq under Islamic and Pakistani law?

For a Talaq to be valid under Islamic divorce and Pakistani law, the husband must be of sound mind, and the divorce must be given freely without coercion. In Pakistan, the husband is legally required to register the divorce with the Union Council, and the divorce papers must be appropriately documented.

Q3. What happens if a husband fails to register a Talaq in Pakistan?

If the husband does not register the Talaq with the Union Council, he could face legal consequences under Pakistani divorce law. According to the legal divorce process in Pakistan, penalties may include up to one year of imprisonment or five thousand rupees fine.

Q4. What is Talaq-i-Ahsan, and why is it preferred?

Talaq-i-Ahsan is the most preferred form of Islamic divorce. It involves a single pronouncement followed by a three-month waiting period (Iddat), allowing time for reconciliation before the divorce becomes final. Pakistani divorce lawyers often encourage this method due to its ethical and structured approach.

Q5. Can a wife initiate divorce without the husband’s consent in Pakistan?

Yes, under Pakistani law, a wife can file for Khula without the husband’s consent by approaching the family court. This process is especially applicable if the husband refuses to grant a Talaq. The legal cost of divorce in Pakistan varies, depending on the circumstances of the case and the professional fee of the divorce lawyer involved.

Q6. What is the role of the Arbitration Council in the divorce process?

The Arbitration Council plays the most significant role in facilitating reconciliation between spouses. If reconciliation efforts fail, the Council issues a divorce certificate, documenting the divorce as per Pakistani divorce rules.

Q7. Can a wife remarry her ex-husband after a Talaq?

A wife can remarry her ex-husband unless it was a third Talaq (triple divorce). In the case of a third Talaq, remarriage is only allowed after she marries and divorces another man, a process known as Halala, as outlined in Islamic and Pakistani law.

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