As an experienced divorce lawyer in Pakistan, I can relieve you of the stress and burdens that accompany your case.
Divorce in Pakistan has specific steps and laws that must be followed and I can help inform you of these legal regulations.
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In Pakistan either husband or wife could seek dissolution of marriage through divorce.
Muslim Family Law Ordinance, 1961 deals with procedure of divorce in Pakistan, it is settle now in family law no one could be forced to live in marriage without consent of husband or wife.
Divorce as right is available to husband under Section 7 of Muslim Family Law Ordinance, 1961. Right of divorce to wife is also available to wife where right of Divorce is delegated to wife at the time of Nikah by husband and written in Nikahnama.
Step by step procedure of Divorce in Pakistan is below:
Where right of Divorce is delegated to wife, she is also required to follow the same procedure provided above, where she wants to obtain Divorce Effectiveness Certificate as provided under sub-section 2 of Section 7 of Muslim Family Law Ordinance, 1961.
Where husband or wife (whom right of divorce is delegated) failed to follow the abovementioned step by step procedure, such person can be sentenced upto 1 year imprisonment or with fine or with both.
Divorce can be pronounced verbally or through using electronic means like telephone, email, WhatsApp chat etc. which is considered as valid divorce in Pakistan. However, it is also mandatory requirement for husband or wife to write down the divorce pronouncement on non-judicial stamp papers of Rs.100/- or above in the presence of at least 2 witnesses who must be marginal witness. It is advised to consult expert family/divorce lawyer to prepare & process divorce papers. A copy of divorce deed must be sent to Chairman/Secretary Union Council concerned by husband or wife, as the case may be. Under the law it is mandatory for Chairman/Secretary Union Council to register the divorce and make efforts to reconcile the matter before issuance of Divorce Registration Certificate/Divorce Effectiveness Certificate.
After completion of step-by-step process for Divorce before Chairman Union Council, Certificate of Divorce/Divorce Registration Certificate is issued by Chairman/Secretary Union Council.
As per Muslim Family Law Ordinance, 1961 husband cannot pronounce three divorce (Talaq, Talaq & Talaq) in one sitting, in a recent judgment Honorable Supreme Court has directed Government to amend the law whereby husband is obliged to pronounce divorce on monthly basis instead of pronouncing divorce thrice in one sitting. However, no such law is enacted by Government in this behalf. Regardless of above stated position, officials of Government have started to observe the practice of single divorce per month, and where case of pronouncing divorce thrice in one sitting is observed those cases have been rejected.
Zahid Umar Law Office can provide you with legal counsel you can depend on. If you have no other option and decide to end marriage relationship with spouse through divorce/Talaq feel free to contact us for advice. Additionally, you will not find more experience or reputable Divorce lawyers than Zahid Umar Law Office.
The Pakistani nationals residing abroad, could institute proceedings for dissolution of marriage and obtaining divorce certificate from Pakistani/Government officials under the Muslim Family Law Ordinance, 1961.
Pakistani husbands residing abroad could pronounced divorce (one divorce per month) such pronouncement or Divorce deed must be drafted by Divorce Lawyer, signed by husband or wife (where right to divorce is delegated to her) such divorce deed should be attested by two marginal witnesses.
Divorce Notice must be communicated to wife/husband through courier/email/Whatsapp/telegraph etc. or any other electronic mode at the address where wife is residing in Pakistan or during her visit to Pakistan at her residence.
After communication of divorce notice/divorce deed is completed following step-by-step procedure is followed for obtaining divorce registration certificate from Chairman Secretary Union Council:
If you require assistance during this time, my firm can help safeguard your rights. Call +92 321 4305422 today to schedule your free consultation. We offer remote video & Zoom conferences as well.