A marriage is a social and legal contract which createswedlock between husband and wife. In Islamic law, the sanctity of marriage is honored much. Affection and wellbeing is the base of this relationship if the same is not being maintained the parties may seek the dissolution of the marriage which is called divorce (talaaq). In Pakistan, Islamic jurisprudence regulates the institute of marriage.
Divorce is a mode of dissolution of the contract of marriage. This can be done by both parties; husband and wife. In the case of dissolving the contract of marriage by the husband, it is called divorce. This is regulated by the Muslim Family Laws Ordinance.It is very simple for the husband to divorce her wife without intervention of any court of law.
If the husband wants to divorce her wife he has to get divorce deed from the nearest court area (Ketchehry) in which reasons of the divorce mention clearly that why he is divorcing his wife.
Very rear but possible if the wife has the powers to divorce her husband (if she get this power during the singing her contract agreement (NikahNama))
The husband should file the case before the family court to get divorce.
In the instance of wife, the regulatory authority is the Dissolution of Muslim Marriages Act. As for the wife, there are also two ways of dissolving the contract of marriage:
- She can pronounce divorce if she hasdelegated the right of divorce (talaq) in the marriage contract (nikahnaama).
This way of divorce is normally not acceptable in our society(in a man dominant society probably man determines the norms of the society-decide to write the conditions in the marriage of contract which is totally unfair and unjust) and do not allow the wife/female to use her right, the Nikah Khawan cross the condition without acknowledging/permitting by anybody
- By filing a suit for dissolution of marriage in the family court on the basis of “khula”.
- The suit for dissolution of marriage should be filed by the wife with the reason why she wants to get divorce before the family court within the jurisdiction where she is living.
Required documents for filing of case:
- Plaint which describe the reason of dissolution of marriage on the basis of “khula”
Plaintiff: who will file the case will be the plaintiff
- CNIC of the wife
- Copy of the marriage certificate (nikkahnama)
- List of witness
- The court will fix the case for hearing and summon/notic the other party (called the defendant) to defend this case.
- If the defendant appear before the case on the date of hearing and put his reply the court may try to reconcile the matter with the free consent of both the parties, if the reconciliation done the suit will be dismissed otherwise suit will be decreed in favor of the Plaintiff and against the defendant and Plaintiff/wife will be payback the dower amount to the Defendant/husband which she received at the time of marriage.
- If the defendant/husband will not appear before the court on the date of hearing the court may issue the again summon/noticeto the defendant/husband, after the third summon/notice the court will order for the proclamation in the newspaper and give the final opportunity to the defendant/husband to appear before the case.
- But if the defendant/husband will not come then the court will start the Ex-parte proceeding against the defendant/husband and fix for the Ex-parte evidence.
- The plaintiff/wife on next date of hearing will appear before the court with witnesses and the court will record the statement of the plaintiff/wife and her witnesses which should support the statement of the plaint, the documents may be exhibited which is necessary to exhibit at the time of evidence or may be on next date (it’s up to the plaintiff’s counsel)
- The court will fix for the final arguments and order.
Whereas, if the contract of marriage is being dissolved by the wife as above mentioned, then it is called “Khulaa”, the plaintiff/wife will get the certified copies of the order/decree of her suit from the court and file an application along with plaint and order/decree for “divorce certificate” before the Chairman Arbitration Council/Union Council where the contract of marriage (Nikkah Nama) was registered that will be issued after the three month (Iddat Period).
Overseas Pakistanis can also seek divorce only if their marriage is registered within the jurisdiction of Pakistan. The same can be done by appointing someone through Special Power of Attorney who will represent him/ her on his/ her behalf in the court.