Not everyone in the marriage is happy! Living in strained relationship is not easy for husband or wife. Where husband or wife living in marital relationship wants to end the marriage tie due to any reason, any partner could file divorce online or through authorized representative.
Where a husband is willing to divorce wife at his choice, he needs to write a Divorce Deed in line with the requirements contained in section 7 of The Muslim Family Law Ordinance, 1961. Following conditions are imposed upon the husband to divorce his wife:
Divorce by husband could be pronounced either orally or in written form. However, it is essential for husband to write divorce deed in terms of Islamic law.
The husband pronouncing divorce to wife is required to sent notice of pronouncement of divorce to wife as well as the concerned Chairman Union Council through register post/TCS or any other courier.
Talaq or Divorce should be pronounced by husband in the presence of witnesses to testify the fact of pronouncement of divorce.
At least two male witnesses should be present at the time of announcement of Divorce, however, where only one male witness is present than the husband divorcing wife should pronounce divorce in the presence of one male witness and two female witnesses.
The divorce once pronounced become affective after laps of 90 days. There is only one exception, i.e., where wife is pregnant at the time of divorce, it shall automatically affected after laps of 90 days or when pregnancy ends whichever later, expires.
Upon receipt of written notice of divorce the Chairman Union Council is required under the law to send a notice of initiation of proceedings of divorce to the wife. When wife turns up in response to notice received by the Chairman Union Council, afterwards Chairman Union Council shall try to reconcile the issues between the couple and make best efforts to reconcile the issues arising between the parties.
If the reconciliation proceedings initiated before the Arbitration Council failed, the Chairman Union Council record reasons of failure of reconciliation and proceed to issue divorce effectiveness certificate to parties.
The chairman Union Council issues the final verdict of proceedings in the form of Talaq/Divorce Certificate.
In Pakistan, women are often mistreated by their husband and rights of women are sabotaged like, failure of husband to maintain, use of abusive language, beating events occurred, freedom of wife is curtailed by way of imposing certain restrictions, even working women are not allowed to work after marriage, to name a few among atrocities against women.
In the above circumstances, the wife can easily obtain divorce decree from the court of law. Additionally, the right of wife to divorce herself is also available. However, in this case the right of wife to divorce, must be saved at the time of Nikah which is called Talaq e Tafweez, in this case, the wife can pronounce divorce to herself.
Where Talaq e Tafweez right is not secured at the time of marriage by the wife, she can proceed to file Suit for Dissolution of marriage before the court of law on the basis of Khula and obtain decree of khula.
Documents required to obtain Khula: