Family Lawyers Multan

30/01/2021

KHULA PROCEDURE IN PAKISTAN

In Islam, a married woman is permitted to seek a termination of her marriage contract through a Shariah Council / and Muslim judge (Family Court). The reasons, for seeking Khula should be founded upon valid reasons, such as immoral behaviour or mistreatment on behalf the husband towards his wife, a woman who feels she dislikes her husband and can no longer give him, his rights etc.

However, this decision should be given serious consideration – a woman is advised to abstain from seeking khula on baseless reasons and to exert necessarily efforts to maintain a harmonious and peaceful relation with her spouse with mutual respect and love.

In the unfortunate case, the marriage reaches a point of irreconcilable differences based on valid reasons, all efforts of reconciliation are exhausted and unsuccessful, then Islam has provided a solution for this case i.e. Khula. For more information contact us.

In Islam, a woman who wishes to terminate her marriage contract without the consent of her husband must do so by applying to the Shariah Council. This type of divorce is commonly referred to what is known as a Khula.

It is important to highlight that in order for a married woman to obtain a Khula, the Shariah Council must be satisfied there is a valid reason for an Islamic divorce to be granted. A valid reason covers matters such as adultery, domestic violence and other aspects of immoral behavior.

Grounds for Judicial Divorce on which a woman may seek khula include:
Desertion by husband for four years,
Failure to maintain for two years,
Husband contracting a polygamous marriage in contravention of established legal procedures,
Husband’s imprisonment for seven years,
Husband’s failure to perform marital obligations for three years,
Husband’s continued impotence from the time of the marriage,
Husband’s insanity for two years or his serious illness,
Wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),

Husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives), and any other ground recognized as valid for the dissolution of marriage under Muslim law.

So if you have any question about above matter or you wish to get a solution for your problem in Pakistan, do not hesitate to call Advocate Shoaib at 0092-300 2151 013 and if you are calling from abroad you can also Whats App our law firm on the same number which will be replied by the best lawyer Advocate Ch Shoaib himself.

https://www.pakistanfamilylaws.com/divorce/

20/06/2020

NADRA DIVORCE CERTIFICATE
Nadra Divorce Certificate

How to Get Nadra Divorce Certificate in Pakistan?

Documents that are issued to confirm that a divorce has been granted, including details of the specific information contained in the documents and the name of the government body that has authority to grant a divorce; whether the documents have to be registered with a government body, including the name of the government body.

In Pakistan, [a] divorce certificate can be issued by the Family Court OR the Arbitration Council [AC]. The Arbitration Council is the Local Body representative of the area in which the woman resides.
A divorce in Pakistan becomes valid 90 days after the divorce has been announced to the AC (US 8 May 2003). Section 7 of the 1961 Muslim Family Laws Ordinance provides that upon the conclusion of the 90-day period, if no reconciliation has taken place, either party may request a divorce certificate from the AC, which proclaims the date on which the divorce came into effect, thereby enabling either party to remarry (ibid.). This applies to “‘all Muslim citizens of Pakistan wherever they may be'”

The following information pertaining to the issuance of divorce documents under Muslim laws in Pakistan.

1. A confirmation certificate of divorce is issued by the authorized and designated officer under [the] Muslim Family Laws Ordinance and Rules after reconciliation by the officer pursuant to the pronouncement of Talak (divorce), have failed. This certificate usually ends with the following:

“Whereas after receipt of the letter (Talaknama) dated … … … … … … . under Section 7 of the Muslim Family Laws Ordinance 1961 and subsequent correspondence, both parties were contacted for reconciliation but no reconciliation resulted. I, therefore, confirm the divorce.

The Divorce is confirmed under my seal on the … … … month … … … .Year … … … … … authorized officer stamp … … … … … . Signed”.

Ordinance of 1961

“Section 7 (1) Any man who wishes to divorce his wife shall, as Talaq soon as may be after the pronouncement of Talaq in any form whatsoever, give the Chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife”.

“Section 7 (4) Within thirty days of the receipt of notice under Sub-Section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation”.

“Rule 5 (6) All decisions of the Arbitration Council shall be taken by majority, and where no decision can be taken, the decision of the Chairman shall be the decision of the Arbitration Council”.

“Rule 5 (7) A copy of the decision of the Arbitration Council duly attested by the Chairman, shall be furnished free of cost to each of the parties to the proceedings”.

“Rule 6 (1) of Muslim Family Laws Rules 1961: Within seven days of receiving an application under Sub-Section (4) of Section 6 or under Sub-Section (1) of Section 9, or a notice under Sub-Section (1) of Section 7, the Chairman shall, by order in writing call upon each of the parties to nominate his or her representative, and each such party shall, within seven days of receiving the order, nominate in writing a representative and deliver the nomination to the Chairman or send it to him by registered post”.

On failure of the reconciliation efforts, the councillor (who is called Chairman of the Arbitration Council) confirms the divorce by a letter/order. He cannot grant divorce as stated above only confirm it. Even if the certificate of confirmation is not issued by him the divorce becomes final after the period of statutory time meant for reconciliation according to the Supreme Court (of Pakistan) and High Court decisions.

The powers to grant divorce rests with the Family Court to whom the wife can make a petition, if she does not have the delegated powers given to her in the marriage contract by the husband whereby she can issue a letter pronouncing divorce for herself as a man would do. The Family Court of the area where she resides has powers to grant her divorce on her petition and normally would grant divorce if she shows that she is entitled to divorce on any of the grounds allowed by “Dissolution of Muslim Marriages Act 1939” or if she claims that she cannot live with him (as mandated by law and religion).

So if you have any question about above matter or you wish to get a solution for your problem in Pakistan, do not hesitate to call Advocate Shoaib at 0092-300 2151 013 and if you are calling from abroad you can also Whats App our law firm on the same number which will be replied by the best lawyer Advocate Ch Shoaib himself.

20/06/2020

06/07/2018