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| What are the steps for divorce in Pakistan |
What's are the steps for divorce in Pakistan.
Legal process of Divorce (law applicable in Pakistan)
Section 7 Muslim family act 1961 describe all the process of divorce. You can study the section at the end of this post.
Divorce procedure for male in Pakistan
Husband have to send notices to Union Council and also copy of the notice to wife.
Husband have to serve three notices to Union Council in three months, One by one and also have to send copies of the notices to wife.
Union Council after receiving notice from husband, make a salsi Council for reconciliation of the matter and notice to wife and husband to appear in Union council, in three months three time and try to reconciliation between husband and wife and if reconciliation fail after three months, the Union Council will issue divorce certificate which is conclusive proof of divorce.
Procedure for females of divorce in Pakistan
If any woman want to divorce ( khula ) from her husband, she will ask her husband for divorce, if he deny the request of the wife, the wife can file case in family Court for khula
After divorce case in court the court will issue notice to husband and procedure will be start.
If husband not appear in court the court will issue exparte decree in few dates.
If husband appear in court, court will try to reconciliation the matter, if reconciliation fail, the court will issue decree of divorce to wife.
After divorce decree the wife will apply for certificate of divorce in Union Council and Union Council process will be same as mentioned above.
What is the 1st notice of divorce in Pakistan.
When Husband send notice to Union Council as mentioned above, it called first notice of divorce.
When Husband send next notice in 2nd month, it would call 2nd notice.
When Husband send 3rd notice in third month, it would be called third notice of divorce.
Law of divorce in Pakistan
7. Talaq.– (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.
(2) Whoever, contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
(3) Save as provided in sub-section (5), a talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman.
(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.
(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effect until the period mentioned in sub-section [(3)] or the pregnancy, whichever be later, ends.
(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.
8. Dissolution of marriage otherwise than by talaq.– Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolves the marriage otherwise than by talaq, the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.
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