When husband and wife cannot live happily together within the limits prescribed by Almighty Allah then they can dissolve their marriage through divorce or khula. The husband can pronounce divorce and wife can file a suit for dissolution of marriage and can also pronounce Talaq, if such right has been conferred upon her. Every divorce or khula case has its own facts, circumstances, drawbacks, challenges and solutions.
Q: How a marriage can be disbanded in Pakistan?
A: Following are the ways through which a marriage can be annulled/dissolved i.e.
- By the husband according to his will without involvement of a court ordinarily known as Talaq,
- By mutual agreement of the parties i.e. husband and wife themselves decides that they do not want to live together anymore without the intervention of the court, called Talaq e Mubarat,
3. By the wife who do not want to further continue with the marriage with the help of court through a decree called Khula
Q. What is Khula?
A. It is a right enshrined in the Islamic provisions i.e. a right given to the wife to seek annulment of marriage with the help of the court, it is just like Talaq which is an authoritative right of a husband without the intervention of a court but in Khula the intervention of the court is necessary.
Q. On what grounds do a wife can get divorce from the husband under the Laws of Pakistan?
A. The Dissolution of Marriage Act provides following grounds to a wife to get the marriage annulled through a decree:
- Whereabouts of the husband a unknown, where is husband is not known for four years.
- Husband is not paying the maintenance and has left the wife on her own.
- Husband has been convicted and has been awarded imprisonment of 7 years or above.
- Husband is impotent or sexually inactive at the time of marriage.
- Husband is of unsound mind for two years.
- Wife was minor wen the marriage took place.
- Wife is not treated well and treated with brutality.
- Husband is notorious and living a dishonourable life.
- Husband force the wife towards immoral activities.
- Husband having a disease which can be spread through intercourse.
- Husband forcibly try to dispossess from the property that wife owns.
- Husband creates hindrance from obeying her religious obligations.
- Wife cannot live with the husband according to the Islamic injunctions.
Q. How Khula can be obtained in Pakistan, what is the practice usually followed?
A. If in the nikahnama a wife has not been given the right of divorce, then the wife has the right of Khula to dissolve the marriage through court by filing a suit for dissolution of marriage through khula, the basic ground upon which the wife does not want to live with the husband is alleged in the suit. Upon filling of the suit the normal procedure of service of summons is approached and the husband is given a time to file its written statement in the court. If the husband fails to appear in the court the ex-parte proceedings are initiated. In case the husband appears on the date fixed, both the parties are given some time to reconcile with each other, if the reconciliation fails then the court is bound to pass a decree of dissolution of marriage.
Q. When the dissolution of marriage is properly completed?
A. After the marriage has been dissolved through the court via decree, the requisite union council of the concerned area would issue a dissolution of marriage certificate, and for the said purpose an application is to be made to the chairman union council, who shall call upon both the parties to appear before him through their agents for reconciliation again, the chairman union council would then act as an arbitrator, who would give time to both the parties to reconcile, and if the parties do not agree then the marriage dissolution certificate is issued.
Q: Can a wife be delegated right of pronouncement of divorce?
Yes, but only in one condition when she has been given the power in the nikkahnama which is called Talak-e-Tafweez, this right is given by the husband which is not mandatory at the time of contracting the marriage under the clause 18 of the niakkahname.
Q.Where would the suit for dissolution could be filed?
A. The suit could be filed in any one of the places:
- Where marriage took place or where it was registered.
- Where the defendant is residing.
- Wife can file the case where she is residing ordinarily.
Q: How can a person obtain a divorce living outside Pakistan?
A. If the marriage is registered in Pakistan the divorce could be obtained by appointing an attorney through a special power of attorney executed in the favour of that person, in which he has been given all the powers to appear, plead, sign all the legal formalities.
Q: For custody of children what law are applicable in Pakistan?
A: The Law related to the custody of children in Pakistan is Guardian and Wards Act, which deals with the custody of children on the basic principle of welfare of the children.
Q:What would be the rights of a wife after the dissolution of marriage towards the property?
A: The Jahez i.e. utility materials given to the wife by her parents on the occasion of the marriage is the exclusive right of the wife and when the marriage is dissolved in either way of the dissolution the wife has the right to claim her property through filing a suit for recovery of dowery article.
Q:How can a husband pronounce divorce to her wife in Pakistan?
A: The husband after pronouncing divorce/Talaq to her wife in any of the way whatsoever accordingly under different Islamic schools of thoughts would give a notice in writing to the chairmen of the concerned union council and the copy of the same would also be given to the wife. The chairmen would then create an arbitration council for the purpose of reconciliation and the chairmen would act as an arbitrator, and if the reconciliation is unsuccessful then the chairmen would issue a divorce certificate.
Q:Husband is not known where he is and it is difficult to get as to where his whereabouts are, can the marriage be dissolved?
A: Yes, as the ground of the dissolution it is a right of the wife if the husband is not known for 4 years then the wife has the right to seek dissolution of marriage.
Q: How can a notice sent through chairmen be avoided or revoked?
A: A notice sent through the chairmen can be revoked before the expiry of ninety days.
Q:What are the remedies available to me if I am being harassed by my spouse and her or his family members?
A: In such a situation you have the proper remedy available to you is to contact the police station by filing a criminal complaint .
Q:When could I go for a new marriage, during the pendency of the dissolution of previous marriage can I remarry?
A: No you have to wait until the previous marriage is properly and finally dissolved.
Rana Irfan Shahid
Advocate High Court
Phone:+923239610041
Global IP & Contracts – Trademark, Patent & Legal Drafting Experts 