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Dissolution of marriage in Pakistan means bringing an end to the matrimonial bond by the wife or by the husband. Dissolution of marriage in Pakistan is a judicial termination of a matrimonial bond. Both the male and the female have the right, according to Pakistani law, to file a suit for the dissolution of marriage in Pakistan. The procedure for the dissolution of marriage in Pakistan for the husband and the wife is different. A wife needs valid grounds for dissolution of marriage in Pakistan, which she needs to prove in the family court.
A husband does not need any grounds for dissolution of marriage in Pakistan. The male has the right to divorce the wife without any reason. The divorce in Pakistan initiated by husband is called talaq. The wife needs some grounds for dissolution of marriage in Pakistan, which are as follows.
For the husband, the procedure for dissolution of marriage in Pakistan is that he will draft a divorce deed and send it to the arbitration council either himself or through a lawyer in Pakistan. The council will try to have the reconciliation between the two. The council will also appoint two family members from both sides for the purpose of reconciliation. The process will continue for at least 90 days. There is no time limit for the maximum period, which is most of the time misused. Once the process is complete, the authorities will issue you a divorce certificate in Pakistan as proof that you are now divorced. Many things in Pakistan are not according to the books. If you need the certificate within a week, you may contact Advocate Nazia.
For the wife, the procedure for dissolution of marriage in Pakistan is that she will hire the services of a lawyer who will file the case in the family court. The wife needs some strong grounds to get a divorce, which she has to prove in court through a lawyer. If the lawyer proves her case, then the court will issue the decree for khula in Pakistan. After the khula decree is issued it will be submitted in the arbitration council. The council will try to have reconciliation between the spouse for 90 days. In case conciliation fails the council will issue the divorce certificate
A husband does not need any grounds for dissolution of marriage in Pakistan. The male has the right to divorce the wife without any reason. The wife needs some grounds for dissolution of marriage in Pakistan, which are as follows.
The procedure for the dissolution of Christian marriage in Pakistan is different from that of Muslims. Civil courts handle Christian divorce in Pakistan, and limited grounds exist on which the Christian can dissolve their marriage.
Below are the relevant laws for the dissolution of marriage in Pakistan:
If the husband does not appear before the court despite notices being sent by the court, then the court will proceed ex parte against him. The court will call for ex parte evidence and will issue an ex parte decree against him.
If the husband contests the case, then he will have to follow the procedure below:
If the husband contests the case, it can delay the decree by the Family Court.
The wife can file the case against the husband even if he is living abroad. When the case is filed, the court sends notices abroad to the husband. The husband has the right to hire a lawyer remotely from abroad and contest the case through a lawyer in Pakistan.
PLD 1967 SC 97: In the case of Khurshid Bibi vs. Baboo Muhammad Amin, it was decided by the Supreme Court of Pakistan that khula is the right of the wife where she has developed such aversion against the husband that she claims that she cannot live within the limits prescribed by Allah Almighty.
PLD 2014 SC 43: In the case of Saleem Ahmad v/s Government of Pakistan, the Supreme Court decided that khula involves release from marriage at the instance of the wife and may involve relinquishment of dower and other rights.
PLD 2015 Lahore 216: In the case of Zahid Rahim v. Mst. Nighat Mushtaq and others, it was decided by the Lahore High Court that the effect of Section 10(4) and (5) of the West Pakistan Family Courts Act, 1964, particularly the requirement that dissolution should follow forthwith when reconciliation fails, while the issues concerning dower can be dealt with separately.
The grounds of dissolution of marriage can be proved in the court through:
Once the Family Court issues the decree for dissolution of marriage in Pakistan, then the below procedure needs to be followed:
An overseas Pakistani can dissolve the marriage remotely through a lawyer, whom they can hire through a Special Power of Attorney. The lawyer will dissolve the marriage by representing the overseas Pakistani client in their absence.
It is a common mistake by overseas Pakistanis that they think that in order to dissolve the marriage, they have to come to Pakistan. The dissolution of marriage in Pakistan by overseas Pakistanis is possible through hiring a lawyer from abroad through a Special Power of Attorney.
It is legally advised to always consult an expert family lawyer in Pakistan when it comes to a case of dissolution of marriage in Pakistan.
Our law firm deals with civil, criminal, and family cases. We can also dissolve your marriage through the legal process. We also provide the services of court marriage and online marriage in Pakistan.
The time period of the dissolution of marriage for the male and the female is about three months. Expert lawyers are quick in their services and they know how to save time
The documents required for the dissolution of marriage in Pakistan are just an ID card and a copy of the marriage certificate. If you don’t have the marriage certificate copy still, we can process your certificate.
Yes! The overseas Pakistani can file a dissolution of marriage case in Pakistan. Overseas residents and foreigners have to hire the services of a lawyer through a special power of attorney so that he can represent you in Pakistan in your absence.
The women have the right to marry anyone after the dissolution. She can also file the case of dower, dowry, child maintenance, and child custody after the case for dissolution.
Generally the decision of dissolution of marriage is not appealable. Section 14 (2) (a) of family court act 1964 clearly says that no appeal shall lie against a decree passed by a Family Court for dissolution of marriage subject to an exception.
Yes! The wife can take the children with her after the dissolution of the marriage. The father also has the right to file a case of child custody in Pakistan.
Yes! The wife can withdraw the dissolution of marriage case in Pakistan.
