Divorce Law, Khula & Divorce Lawyers in Pakistan
Divorce is a sensitive topic for many, and it’s even more so in Pakistan. For those seeking to file for Divorce, the process can be long and arduous. It’s not only a legal battle but an emotional one as well. Fortunately, there are laws in place that protect the rights of those seeking to dissolve their marriages. Here, we will explore Divorce Law in Pakistan and how our Divorce Lawyers can help you navigate this difficult situation. We have a team of the best lawyers for your needs.
What is Divorce?
Divorce, also known as dissolution of marriage, is the termination of a marriage or marital union, the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. A Divorce may result from mutual consent of both parties, lack of ability to consummate the marriage, domestic violence, mental illness, military conflict, adultery, venereal disease, or irretrievable breakdown of the marriage
Divorce Law in Pakistan
Divorce Law in Pakistan is based on the Muslim Family Law Ordinance 1961. The main provisions of this law relate to Divorce, polygamy, child custody, and inheritance.
Under Pakistani law, a man can divorce his wife by simply pronouncing the word “Talaq” three times. However, this Divorce can only be revoked if the husband and wife reconcile within a period of iddah (the waiting period after Divorce). If reconciliation does not take place during this period, the Divorce becomes irrevocable.
Under Pakistani law, Divorced couples are not allowed to remarry each other unless they obtain a Divorce from a court of law. In addition, Divorced couples are not allowed to live together in the same house or have any type of sexual relations with each other.
How to get a Divorce in Pakistan?
The process of getting a Divorce in Pakistan is not as simple as it is in other countries. There are certain legal requirements that must be met in order to file for a Divorce. The first step is to file a petition with the district court. The petition must state the grounds on which the Divorce is being sought. The grounds for Divorce in Pakistan include adultery, desertion, and cruelty.
Once the petition is filed, the court will serve notice to the other party. The other party has the right to contest the Divorce. If they do not contest the Divorce, then a decree of Divorce will be granted by the court. However, if they do contest the Divorce, then a hearing will be held where both parties will present their evidence. After hearing both sides, the court will decide whether or not to grant the Divorce.
What are the grounds for Divorce in Pakistan?
Pakistan recognizes several grounds on which a Divorce may be obtained. The most common grounds are adultery, desertion, cruelty, and conversion to another religion.
Adultery:
Adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse. In Pakistan, proof of adultery is required in order to obtain a Divorce on this ground.
Desertion:
Desertion occurs when one spouse abandons the other without just cause or consent. In order to obtain a Divorce on the ground of desertion, the deserted spouse must prove that their partner left them without just cause or consent and that they have not been able to reconcile despite making reasonable efforts.
Cruelty:
Cruelty refers to any behavior by a spouse that causes physical or mental harm to the other spouse. In order to obtain a Divorce on the ground of cruelty, the victim’s spouse must prove that they have suffered physical or mental harm as a result of their partner’s behavior and that they have not been able to reconcile despite making reasonable efforts.
Conversion to another religion:
Conversion to another religion is grounds for Divorce in Pakistan if it was done without the consent of the other spouse. In order to obtain a Divorce on this ground, the non-converting spouse must prove that their partner converted without their consent and that they have not been able to reconcile despite making reasonable efforts.
Our Divorce Lawyers have Experience of over 38 Years in Divorce Law in Islamabad, Rawalpindi, Karachi, and Lahore
Our Divorce Lawyers have experience of over 38 years in Divorce Law in Islamabad, Rawalpindi, Karachi, and Lahore. We have a team of experienced Divorce Lawyers who can help you with all aspects of your Divorce. We can help you with the paperwork, the mediation, the court hearings, and the final settlement. We will work with you to ensure that you get the best possible outcome for your Divorce.
At Right Law Associates, our team of Divorce Lawyers has over 38 years of experience handling Divorces in Islamabad, Rawalpindi, Karachi, and Lahore. We understand the sensitive nature of these cases and will work diligently to help you reach a fair and amicable settlement.
Meaning of Divorce in Islam
In Islam, Divorce is known as Talaq and is a legal way to end a marriage. In Islam, Divorce is considered a last resort when all other efforts to improve the marriage have failed. The process of Divorce in Islam is different than in other faiths, and there are strict rules that must be followed in order for it to be considered valid.
The procedure of Divorce in Islam
The husband initiates the Divorce by pronouncing the word Talaq three times. After this, the marriage is considered dissolved and the couple is no longer married in the eyes of Islamic law. Although Divorce is permissible in Islam, it is discouraged and seen as a last resort. Couples are encouraged to work through their differences and try to resolve their issues before resorting to Divorce.
Divorce can be a complicated and emotionally charged process, which is why it’s important to seek the advice of a qualified Divorce Lawyer if you’re considering ending your marriage. A good Divorce Lawyer will be able to guide you through the process and help you make decisions that are in your best interests. If you’re looking for a Divorce Lawyer in Pakistan, look nowhere other than our firm that can help you with your case.
Types of Divorce In Islam
There are two types of Divorce in Islam: Talaq and Khula.
Talaq
In Pakistan, Divorce is known as Talaq. The husband initiates the process by pronouncing Talaq three times in succession. Once Talaq is pronounced, it cannot be retracted. The Divorce becomes final after iddah, a waiting period of either three menstrual cycles or three lunar months, whichever is longer.
There are different types of Talaq:
Talaq-e-Ahsan:
Talaq-e-Ahsan is the most approved form of Talaq. It involves the husband pronouncing Talaq once and then abstaining from all contact with his wife for a further four months (the iddah period). If he decides during this time that he wishes to reconcile with his wife, he can do so by declaring his intention to do so in front of two witnesses.
Talaq-e-Ahsan has several conditions that must be met in order for it to be considered valid:
1) The husband must sincerely intend to Divorce his wife when he pronounces Talaq.
2) He must not have any intention of reconciling with her during the period of abstinence.
3) He must not have pronounced Talaq in a fit of anger or while under the influence of alcohol or drugs.
4) He must give his wife ample time to prepare herself emotionally and financially for life after Divorce.
Talaq-e-Hasan:
“Talaq-e-Hasan” is a form of Divorce in Pakistan that is considered to be more favorable for the wife. Under this form of Divorce, the husband must pronounce the word “Talaq” (Divorce) three times in front of witnesses. After this, the couple must separate for a period of three months. If the couple reconciles during this time, then the Divorce is nullified. If they do not reconcile, then the Divorce is finalized and they are unable to remarry.
Talaq-e-Biddat:
Talaq-e-Biddat, also known as triple Talaq, is a controversial Islamic Divorce Law that allows a husband to unilaterally Divorce his wife by pronouncing the word “Talaq” (Divorce) three times. The practice has been outlawed in many Muslim countries, but it remains legal in Pakistan.
Khula in Islam
Khula is a Divorce procedure in Islam whereby a wife can seek and obtain a Divorce without the consent of her husband. The word “khula” means “obtaining” or “acquiring” in Arabic, and in Islamic jurisprudence, it refers to the act of a wife seeking and obtaining a Divorce from her husband without his consent.
There are two types of khula: with the husband’s consent and without the husband’s consent
Khula with Husband’s Consent
If the husband consents to the khula, then it is known as “muta’aninah”. In this process, both spouses agree to separate, settle, and handle maintenance issues. It becomes very easy to get Khula in this situation, and you don’t need a lawyer.
Khula without Husband’s Consent
If the husband does not consent to the khula, the wife can still obtain a Divorce through judicial intervention. This is known as a faskh (pronounced “fah-skh”). A faskh can be granted on various grounds, such as desertion, cruelty, or adultery.
The process of obtaining a khula or faskh can be lengthy and expensive. It is advisable to consult with a lawyer before proceeding with either type of Divorce.
Mutual Divorce (Talaq e Tafweez & Mubarat )
Under Pakistani law, there are two types of Divorce that can be obtained by couples: Talaq-e-tafweez and mubarat. Talaq-e-tafweez is a Divorce that is arranged and agreed upon by the husband and wife before it is finalized by a court. Mubarat is a Divorce that is initiated by either party and can be finalized by either party without the need for a court order.
Both Talaq-e-tafeez and mubarat require that the husband and wife agree to all terms of the Divorce prior to it being finalized. This includes the division of property, custody of children, and any other outstanding issues. Once the agreement is reached, a lawyer can help prepare the necessary paperwork to file for the Divorce.
If you are considering a Divorce in Pakistan, it is important to consult with a lawyer who is familiar with the laws and procedures. A lawyer can help you understand your rights and options, and ensure that the process goes as smoothly as possible.
Our Lawyers have Extensive Experience in Divorce & Family Law In Islamabad, Rawalpindi, Karachi & Lahore
There are many aspects to Divorce and Family Law in Pakistan, and our lawyers have the experience and knowledge to handle all of them. We can help with Divorce proceedings, child custody arrangements, property division, alimony, and more. We understand the sensitivity of these matters and will work with you to ensure that your rights are protected throughout the process.
If you are considering a Divorce or have already started the process, we can help. Our attorneys have extensive experience in Divorce and Family Law in Pakistan and can guide you through every step of the process. We will work with you to protect your rights and interests, and help you reach a fair and equitable resolution.
Dissolution of Muslim Marriage Act 1939 in Pakistan
In Pakistan, the Dissolution of Muslim Marriage Act 1939 is the primary law governing Divorce for Muslims. The act allows for a man to Divorce his wife by simply pronouncing the Talaq (Divorce) three times in front of witnesses. The woman is then entitled to maintenance from her husband for a period of iddah (three menstrual cycles or three months, whichever is longer), after which the marriage is dissolved.
The Dissolution of Muslim Marriage Act 1939 was enacted in response to the growing number of Divorces taking place under Islamic law. Prior to the act, there was no specific law governing Divorce for Muslims in Pakistan. This resulted in a great deal of confusion and inconsistency, with some couples being able to obtain a Divorce while others were not. The act seeks to provide clarity and certainty in this area of law.
Divorce Through a Divorce Lawyer in Pakistan
When it comes to Divorce, there is no one-size-fits-all solution. Every couple’s situation is unique, and therefore the best way to ensure that your rights are protected is to consult with a knowledgeable Divorce Lawyer.
In Pakistan, Divorce Law is governed by the Muslim Family Laws Ordinance (MFLO). The MFLO sets out the grounds on which a Muslim man or woman can Divorce, as well as the procedures that must be followed in order to obtain a Divorce.
If you are considering a Divorce, or have been served with Divorce papers, it is important to seek legal counsel as soon as possible. A qualified Divorce Lawyer will be able to advise you of your rights and help you navigate the complex legal process.
Contact us for Our Divorce & Family Law Services in Islamabad, Rawalpindi, Karachi, & Lahore
If you are considering a Divorce or are in the process of getting one, you may be wondering what the next steps are. You may also have questions about how Pakistan’s Divorce Law works and what your options are.
At our firm, we offer Divorce and Family Law services to help you through this difficult time. We can answer your questions about the Divorce process and help you understand your rights under Pakistani law. We can also provide representation if you need it.
If you’re ready to take the next step, please contact us. We’ll be happy to discuss our services with you and help you decide what’s best for your situation.