I can provide you with a general overview of divorce law in Pakistan as of my last knowledge update in January 2022. However, please note that laws may change, and it’s always best to consult with a qualified legal professional or reference the most up-to-date legal sources.
In Pakistan, divorce laws are primarily governed by Muslim personal law, which applies to Muslims, and the Christian Divorce Act, which applies to Christians. The Muslim Family Laws Ordinance, 1961 governs Muslim marriages and divorce.
Divorce under Muslim Personal Law:
Under Muslim personal law, there are two main forms of divorce:
- Talaq:
- This is where a husband can unilaterally divorce his wife by pronouncing the word “talaq” three times in the presence of witnesses. This form of divorce is referred to as Talaq-e-Ahsan.
- There is another form of talaq, called Talaq-e-Hasan, where the husband pronounces talaq three times in three successive periods of purity of his wife. This is considered a less severe form of talaq.
- If the husband wishes to revoke the divorce after pronouncing talaq, he has the right to do so during the waiting period, known as iddat, which is three menstrual cycles or three months if the wife is not menstruating.
- Khula:
- Khula is a divorce initiated by the wife. She can seek a divorce from the court on certain grounds, such as cruelty, desertion, or failure to provide maintenance.
- The husband can agree to the khula or contest it in court. If the husband refuses to divorce, the wife can seek judicial intervention.
- The court may order the husband to pay maintenance to the wife and decide on the custody of children.
Divorce under Christian Divorce Act:
Under the Christian Divorce Act, a Christian husband or wife can seek divorce on grounds of adultery, conversion to another religion, or unsoundness of mind.
Procedure for Divorce:
The procedure for divorce in Pakistan generally involves the following steps:
- Filing a Divorce Petition: The husband or wife (or both jointly) must file a petition for divorce with the relevant family court.
- Notice to the Other Party: The court will serve notice of the petition to the other party, who has the right to contest the divorce.
- Evidence and Arguments: Both parties will present their evidence and arguments in court.
- Judgment: The court will issue a judgment, either granting or denying the divorce.
- Iddat (for Muslim divorces): If the divorce is granted, the wife will observe the iddat period, during which she cannot remarry.
It’s important to note that these are general principles, and specific procedures and requirements may vary depending on the circumstances of the case and the jurisdiction in which the divorce is being sought.
