What is the Divorce Procedure in Pakistan Muslim Family Laws
What is the Divorce Procedure in Pakistan
Divorce Procedure in Pakistan when husband can divorce to his wife as under
Divorce By Husband
Marriage is a civil contract that a husband or a wife can dissolve at any time. Both men and women have the right to dissolve this contract.
The process of talaq for male and female is different. Everyone should know about the legal divorce procedure in Pakistan. When a man dissolves this contract, it is the “divorce by the husband”. Divorce is a legal dissolution of marriage and it should be done by a court. When a husband divorces a wife, he dissolves his marriage by pronouncing in written format. Marriage is a contract and it also dissolves like any other contracts. A husband has an independent right to divorce. There are some necessary steps to follow if you want a legal procedure. It is, therefore, important to follow some legal procedures for the pronouncement of divorce. It is also very essential that the woman collects her talaqnama certificate from the Union Council as proof.
According to the Muslim Family Law Ordinance 1961 (MFLO), there are certain formal requirements for recognizing full divorces.
The provisions of section 7 of the Muslim Family Laws
In Short The provisions of section 7 of the MFLO are as follows:
A man who intends to divorce his wife after the pronouncement of Talaq sends a written notice of divorce to the Chairman. Furthermore, he has to provide a copy to the wife.
A person is punishable if he contravenes the provisions of subsection (1). Hence there will be simple imprisonment for a term or may have to pay a fine up to 5000 rupees or with both.
Save as in subsection (5) divorce unless revoked previously, is not effective until the expiration of 90 days from the date the union council receives the notice of divorce.
Within thirty days, union council receives the notice of divorce, the union council constitutes an Arbitration Council to settle the matter between the parties and it, therefore, takes all important steps to reconcile this matter.
If the wife is pregnant at the time of pronouncement of divorce, divorce shall be ineffective until the period described in sub-section (3) or the pregnancy ends.
But After the period of 30 days is over, the union council, therefore, issues a certificate of divorce.
A Verbal Divorce
The law does not recognize a verbal divorce. Moreover, if the husband fails to send a written notice to the Union Council, then this divorce is ineffective by law. Furthermore, if a wife does not receive a proper certificate of divorce by the Union Council, the divorce is challenge able. The purpose of this law is to protect women from an immediate and unrecorded divorce.
Serving The Notice To The Wife
So A wife can receive a notice of divorce (with the Union Council’s permission) through her parents or adult brother or sister only. However, other relatives cannot serve the notice to the woman. If due to any condition, it is not possible for parents or adult sister or brother to serve the notice, the husband can serve notice through a newspaper.
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