Divorce, or Talaq, is a legal process in Pakistan governed by Islamic principles as well as civil laws. For both men and women, divorce law in Pakistan provides a clear framework for ending a marriage, but the specific procedures and requirements differ for each. Whether you are living in Pakistan or abroad, it’s essential to understand the procedure of divorce in Pakistan to ensure that your case is handled properly. This article will guide you through the divorce procedure in Pakistan, including for overseas Pakistanis.
Divorce Law in Pakistan: Key Provisions
Divorce in Pakistan is governed by the Muslim Family Laws Ordinance 1961 and the Family Courts Act 1964. These laws outline the rights and responsibilities of both parties during a divorce, including matters related to maintenance, child custody, and dower (Haq Mehr).
Types of Divorce in Pakistan
There are different forms of divorce under divorce law in Pakistan:
Talaq (By Husband): The husband has the right to pronounce Talaq (divorce) in accordance with Islamic law. This can be done verbally or in writing.
Khula (By Wife): A wife may initiate divorce through Khula, but this typically requires her to forgo the dower (Haq Mehr) given at the time of marriage. Khula is granted by the court after evaluating the case.
Mutual Divorce: Both spouses can mutually agree to end their marriage by filing for a mutual divorce in court.
Procedure of Divorce in Pakistan
The procedure of divorce in Pakistan involves several legal steps that must be followed to ensure that the divorce is legally recognized. Below is an outline of the key steps for filing a divorce:
1. Notice of Divorce (Talaq Notice)
The husband must issue a written notice of divorce to his wife, which is often referred to as a “Talaq Notice.” This document should clearly state the intention to dissolve the marriage. It must also be submitted to the Union Council or relevant arbitration body.
2. Union Council Proceedings
Once the notice of divorce is filed with the Union Council, a reconciliation process is initiated. The council will appoint an Arbitration Committee consisting of family members or neutral parties to try to reconcile the couple. The reconciliation process lasts for 90 days.
3. Confirmation of Divorce
If the reconciliation efforts fail after 90 days, the Union Council issues a Certificate of Effectiveness of Divorce, which legally confirms the divorce. At this point, the marriage is officially dissolved.
4. NADRA Divorce Certificate
Once the divorce is finalized, either party can apply for a NADRA Divorce Certificate. This document is essential for official purposes such as remarrying or resolving custody issues.
Divorce Procedure for Overseas Pakistanis
The divorce procedure for overseas Pakistanis is similar to the local process, with a few additional considerations due to their location abroad. Many overseas Pakistanis are not aware that they can file for divorce in Pakistan even if they reside in a different country.
1. Power of Attorney
Overseas Pakistanis can file for divorce through a legal representative in Pakistan by granting them a Power of Attorney. This allows the representative to handle the entire divorce process on their behalf, including filing notices and attending Union Council hearings.
2. Talaq via Video Conference
In some cases, overseas Pakistanis may also initiate the divorce procedure in Pakistan through video conferencing. This option is becoming increasingly common, especially when direct attendance at court hearings or Union Council meetings is not possible.
3. NADRA Divorce Certificate for Overseas Pakistanis
Once the divorce is finalized, overseas Pakistanis must obtain the NADRA Divorce Certificate. This can be done through their legal representative or by directly applying online, depending on the regulations of the specific Union Council.
Divorce Rights and Responsibilities
It is essential to understand the rights and responsibilities that come with divorce under divorce law in Pakistan. These include:
Maintenance (Nafaqa): In many cases, the husband is responsible for providing financial maintenance to the wife during the iddat period (waiting period) after divorce.
Child Custody: Family courts handle matters of child custody and visitation rights. The primary concern in such cases is the welfare of the child.
Dower (Haq Mehr): If the dower has not been paid at the time of marriage, the wife has the right to claim it upon divorce.
Conclusion
The divorce procedure in Pakistan is clearly outlined under Islamic and civil laws, ensuring that both parties have the right to dissolve their marriage in an orderly manner. For overseas Pakistanis, the process can be managed through legal representatives, making it easier to file for divorce without returning to Pakistan.
If you’re considering divorce, it is important to consult with a qualified family lawyer who can guide you through the procedure of divorce in Pakistan and ensure that your legal rights are protected.
Divorce Law in Pakistan: Understanding the Procedure for Local and Overseas Pakistanis