DIVORCE IN PAKISTAN: LAWS, LEGAL PROCEDURE & RIGHTS - ADV. NAZIA

DIVORCE IN PAKISTAN

Divorce in Pakistan is the right of the male. A male has the arbitrary right to divorce his wife according to Islam and Pakistani law. If a male does not want to continue with his marital relationship, he can divorce his wife. According to the Khula law of the country, no one force a male or a female to live compulsorily with the other. The divorce law in Pakistan is very clear that if a male or a female doesn’t want to live with the other, then they can divorce each other. Just uttering the words of divorce does not mean that the couple has divorced now.

The law does not recognize any such oral divorce. Legally, the authorities issue a divorce certificate to a person in Pakistan after the complete legal procedure, making them divorced. If you want to obtain the certificate after the complete divorce procedure in Pakistan, then you may contact Advocate Nazia. She is the best female divorce lawyer in Pakistan. We can get you the divorce certificate in just one week, also. If you don’t have a certificate, then legally you are still husband and wife for the rest of your life. This webpage is the complete guide for your divorce procedure in Pakistan.

DIVORCE PROCEDURE IN PAKISTAN

The law provides the complete divorce procedure in Pakistan. Below is the process that will reveal how to file for divorce in Pakistan.

DIVORCE LAW IN PAKISTAN

The Muslim Family Law Ordinance deals with the complete divorce law in Pakistan. Every male has the right to divorce his wife, but he should follow the complete divorce procedure in Pakistan. If you don’t follow the procedure, then you won’t be legally divorced. In order to be officially divorced, Nadra should issue you the divorce certificate, which is the only proof that you are now divorced. As per the law, the reconciliation is mandatory between the spouses. The minimum time period provided by the law for the reconciliation is 90 days, which is most of the time misused. These 90 days turn into 900 days, and still you don’t get the certificate. Our law firm can get you the certificate even within a week.

FEMALE DIVORCE LAWYER IN PAKISTAN

Advocate Nazia is the best female divorce lawyer in Pakistan. She has dealt with thousands of divorce cases. Our law can save you time and money and can get you the divorce certificate on the fast track. People most of the time misuse the divorce procedure in Pakistan, and authorities do not issue the certificate to them after years. Our law firm knows how to process your work quickly and get you the certificate with a fast track.

BIRTH CERTIFICATE APOSTILLE IN PAKISTAN:

You can avail the services of birth certificate apostille in
Pakistan through the office of the Ministry of Foreign Affairs in Pakistan. Our law firm can also assist you
if you need the services of an apostille in Pakistan. An apostille is a substitute for the embassy
attestation. More than 150 countries in the world accept the birth certificate apostille in Pakistan
instead of embassy attestation.

DOCUMENTS REQUIRED FOR DIVORCE IN PAKISTAN

Below is the list of documents required for divorce in Pakistan.

TYPES OF DIVORCE IN PAKISTAN

  • Talaq by Husband: In this mode of divorce, the husband gives divorce to the wife.
  • Khula by Wife: In this mode of divorce, the wife obtains the divorce against the husband from the Family Court on certain grounds provided by Pakistani law.
  • Mutual Divorce / Mubarat: In this mode of divorce, both the husband and wife mutually apply for divorce.
  • Delegated Divorce: In this mode of divorce, the wife exercises the right of divorce given to her by the husband in the Nikah Nama at the time of marriage.

DIVORCE WITHOUT WIFE’S CONSENT

To divorce the wife, the husband does not need the wife’s consent or approval. Pakistani law gives the husband the right to divorce the wife without her consent.

Divorce certificate in Pakistan

WHAT IF THE WIFE REFUSES TO DIVORCE?

The wife’s refusal has no legal value. To divorce the wife, the husband does not need the wife’s approval or refusal.

WHEN DOES THE 90-DAY RECONCILIATION PERIOD START?

The 90-day reconciliation period starts from the date when the divorce deed is registered in the Arbitration Council.

CAN DIVORCE BE REVOKED DURING THE 90-DAY RECONCILIATION PERIOD?

Yes! The talaq can be revoked by the husband during the 90-day reconciliation period. Only the husband can revoke the talaq in Pakistan if reconciliation takes effect between them.

DIVORCE TO WIFE IF SHE IS LIVING ABROAD

If the husband is in Pakistan and the wife is abroad, then the husband will give the divorce to the wife in the same way as mentioned above. The divorce deed to the wife and the notices by the Arbitration Council will be sent to her abroad through courier.

DIVORCE IF HUSBAND IS LIVING ABROAD

If the husband is living abroad, then the husband will have to hire a divorce lawyer in Pakistan who will represent the client in his absence. The lawyer can be hired through a Special Power of Attorney attested by the Pakistani Embassy.

DIVORCE FOR FOREIGN NATIONAL

A foreign national husband will have to hire a lawyer in Pakistan to divorce the wife. The lawyer will legally represent the foreign national client in his absence.

WHAT ARE THE LEGAL EFFECTS OF DIVORCE IN PAKISTAN?

RELEVANT LAW OF DIVORCE

Section 7 of the Muslim Family Laws Ordinance deals with the divorce procedure in Pakistan.

CASE LAW ON DIVORCE

PLD 1963 SC 51: The Supreme Court decided in this case that Section 7 of MFLO 1961 deals with the procedure of divorce in Pakistan, not only for couples who have consummated the marriage but also for those who have not consummated the marriage.

1984 CLC 1961: In this case law, the court decided that the pronouncement of talaq is a mandatory requirement of Section 7 of MFLO 1961. Only after the pronouncement of talaq can the procedure mentioned in Section 7 be put into motion.

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COMMON MISTAKES IN CASE OF DIVORCE

Many people think that in order to divorce, he or she needs to be in Pakistan. An overseas Pakistani or a foreigner can divorce while being abroad through a lawyer.

LEGAL ADVICE

It is legally advised to first contact a lawyer before you initiate the divorce procedure in Pakistan in order to avoid any legal issues in the future.

OUR SERVICES

Our law firm, Qanoni Hal, is an expert in family cases, especially in divorce cases.

FREQUENTLY ASKED QUESTIONS

The rights of a wife after divorce in Pakistan are provided by the Muslim Family Law Ordinance. The wife can file the following case against the husband.

  • File case of dower amount
  • File a case for the recovery of dowry articles
  • File a case for child maintenance
  • File a case for child custody

Legally, the divorce process in Pakistan takes a minimum of 90 days. The law says that at least 90 days of proceedings should be there in which the reconciliation effort should is made between the wife and the husband. There is no maximum limit of proceedings provided in the law, due to which it is most of the time misused. Our law firm can get you the certificate even within a week.

Yes! A woman can file for divorce without husband’s consent in Pakistan. When the wife files the case, it is called khula. It is filed before the family court. The wife does not need the husband’s approval to get a divorce. If she has valid grounds, then she can get the divorce through the court.

The court will decide who will get the child after a divorce in Pakistan. The issue of child custody in Pakistan has nothing to do with the divorce case. Both cases are different. If anyone needs the child custody, they can file the case in the guardian court. As per the law, the mother has the right of priority when it comes to child custody.

Child maintenance is compulsory after divorce in Pakistan. After a divorce, the wife is no longer the wife, so there will be no wife maintenance after the divorce.

Yes! A male can divorce without going to court. He can hire the services of a divorce lawyer in Pakistan who can process his divorce procedure. Once the process is over, he is issued the certificate through a lawyer.

Everything in the world can be challenged. You cannot stop someone from challenging anything. However, the male has the right to divorce. It cannot be cancelled if he exercises his right legally.

The cost of divorce in Pakistan is very minor. The charges are for the legal services. Generally, the cost of divorce in Pakistan is between Rs50000 and Rs100000.

It is the court that decides who gets the child custody after divorce in Pakistan. The issue of child custody has nothing to do with the divorce case. The guardian court deals with the child custody issues, and the mother has the right of priority over the child.

How to get a divorce in Pakistan is mentioned above. Still, if you have any questions, you may contact Advocate Nazia.

You can draft the divorce agreement yourself in Pakistan. Drafting is a legal subject and needs due care and diligence to protect yourself from future litigation, so it is always advised to hire the services of a competent divorce lawyer in Pakistan.

No! The wife does not get alimony after a divorce in Pakistan. After the divorce, she is no longer the wife, and the husband is under no compulsion to give her alimony.

Yes! Any male who wants to divorce his wife can apply for divorce in Pakistan. The male can also hire the legal services of a lawyer.

Yes! You can have a divorce by mutual consent in Pakistan. Even if it is through mutual consent, you still have to follow the legal divorce procedure in Pakistan. To expedite the process, you hire our expert female divorce lawyer in Pakistan.

In Islam and under Pakistani law, the male has the arbitrary right to divorce the wife, and he does not need any reason to do so. He can do it even if he does not have any reason.

The divorce certificate in Pakistan is issued when the complete legal procedure is completed. When the whole process is finalized, you get this certificate at the end. After the certificate, you are divorced, but before the certificate is issued, you are still legally husband and wife.

The father of the children pays for child maintenance after divorce in Pakistan. The father has a responsibility to maintain the children regardless of whether he has obtained a divorce or not.

The Muslim family law ordinance applies to Muslim only. The Divorce Act of 1869 applies to Christian divorce in Pakistan. The cases related to the Christians go to the civil court and not to the family court.

Dowry should be returned after divorce in Pakistan by the husband to the wife. The female can apply for the return of dowry even before the divorce. If the husband does not return, she can file the case in the family court.

Yes! The divorce during pregnancy in Pakistan is valid, but it does not become effective till the birth of the child. This means that you can give a divorce after which the period of iddat will start, and if the wife is pregnant, then her iddat period will extend from 90 days till the child’s birth. During this period, she can reconcile with her husband.

The divorce fee in Pakistan is between Rs50000 and Rs100000. Our law firm has kept the fee economical so that everyone can afford it.