Divorce Process In Pakistan
Marriage for Muslim couples is a social/legal contract, as the Supreme Court of Pakistan has stated in several judgments on matrimonial disputes. Like any other contracting party, they are free to terminate the contract by paying compensation to the other party. Compensation paid in the context of marriage is called dowry (Haq Meher). However, under Pakistani Sharia law, a husband can divorce his wife by declaring a ‘talaq’. On the other hand, if the wife has the right to divorce by mutual consent and this concept is mentioned in the Nikahnama, she can divorce by declaring talaq.
On the other hand, if the woman’s right to divorce is not given in the Nikahnama, she has the Islamic permission to seek khaazi for dissolution of marriage in accordance with the principle of khula. Based on the historical context, this right was usually exercised if the husband did not divorce his wife. In Pakistan, however, the qazi jurisdiction has been transferred to a special court, commonly known as the family court. It is therefore in the wife’s interest to approach the family court through the best Divorce Lawyer in Lahore to obtain a divorce under the khul.
We, VOJ Law Associates, are known as the best law firm in Lahore. Needless to mention that our team, which is one of the best divorce lawyers in Lahore, while filing a divorce petition with the court, takes special care to safeguard the interests of our clients in all matters related to the case, including custody and maintenance of minors, scheduling of visitation of minor children, recovery of low-income items (Haq Meher) and low-income items, personal effects and gifts, as it is all relevant to the parties dispute.
Divorce in Pakistan can take several forms
Here are 3 popular divorce methods:
- divorce with husband (talaq).
- divorce by mutual consent of the spouses
- divorce on the basis of the wife’s khula.
Divorce (Talaq) On The Husband’s Initiative
Under Pakistani law, the husband has the right to divorce under Article 7 of the Muslim Family Law Ordinance, 1961. Article 7 provides that if the husband wishes to divorce the marriage, he may do so by giving his wife a written talaq.
However, the Supreme Court of Pakistan has recently held in several judgments that a husband cannot make a talaq without three affidavits, which must be filed in three separate cases. Each talaq affidavit must be served on the wife and a copy of each talaq must be sent to the Chairman of the Arbitration Council.
The President of the Arbitration Council shall send one notice per month to each of the parties for the purpose of reaching an agreement between the spouses. If no reconciliation is possible and the parties turn to each other, the marriage contract shall be considered null and void and shall not be valid as between the parties.
If the parties fail to reach an amicable settlement within 90 days, the talaq between the parties is deemed to have entered into force and the President of the Conciliation Board must issue a certificate of divorce and dissolve the marriage between the spouses.
It is often reported that even if the parties have not reached an amicable settlement after 90 days, the presiding arbitrator will not intentionally issue a divorce certificate. To avoid such delays in granting divorce certificates, we at VOJ Law Associates, the best divorce lawyers in Lahore, help expedite the process for the benefit of our clients.
In this method, the husband and wife want to end their marriage by mutual consent. Both parties dissolve the marriage by issuing a divorce decree, a copy of which is sent to the Chairman of the Arbitration Committee in accordance with Article 8 of the Muslim Family Law Decree 1961. This is not only the most appropriate way to dissolve the marriage but also saves time as the parties can settle the matter amicably without going to court.
“The team at VOJ Law Associates is renowned for easily drafting the parties’ agreement, after ensuring that the terms are properly negotiated, with particular attention to the interests and benefits of both parties.
Divorce At The Initiative Of The Wife Under The Khula Principle
A third common way to obtain an effective divorce is to apply to the Family Court for a divorce order in principle. In this case, the wife has to file an action with the nearest Family Court in the district where she is temporarily resident. Needless to say, the khula is an Islamic law according to which a woman can divorce her husband if she hates him in her mind.
All the wife has to do is to hire the best divorce lawyer in Lahore and provide him with all the information and documents needed to prepare the case. Now the process of filing a khula is simple and convenient. The spouse only has to appear in court once and present himself/herself before the court. If the wife does not have a marriage certificate (nikah nama), she can file a khula and an affidavit attesting to the date of marriage and that the marriage certificate (nikah nama) is in the possession of the spouse or a third party.
After the filing of the petition, the wife and witnesses submit oral and written evidence to the court, if necessary, after which the court will declare a Khulah in favor of the wife. The decision of the family court declaring Khulah is called the Khulah judgment. The Khulah process can take up to 1-2 months.
After the family court issues the Khulah, the application for a Nadra divorce certificate is submitted to the Chairman of the Arbitration Committee, who issues the Nadra divorce certificate after 90 days. “VOJ Law Associates are the best divorce lawyers in Lahore who can expedite the process and resolve the matter in a short time.
We, VOJ Law Associate, are known as the best law firm in Lahore and have vast experience in handling family disputes and resolving family disputes in a short time. Confidentiality and sensitivity towards your family dispute is our top priority and desire. You deserve the advice of the best divorce lawyers in Lahore for all matters related to family disputes.