DIVORCE PROCEDURE IN PAKISTAN
Marriage between Muslim couple is a social/legal contract as has been observed by Supreme Court of Pakistan while rendering several different judgments on marriage disputes. Just like any other contract parties to the contract are at free will to repudiate the same after paying compensation to the other party. Compensation in the case of marriage is referred to as dower (Haq Meher). Having said that however, Husband in accordance to shariat law as enforced in Pakistan in letter and spirit, can dissolve marriage after pronouncement of Talaq to her wife. Whereas, Wife if she, with mutual consent of the parties, is allowed the right to divorce, and the said term is mentioned in the Nikahnama, she can dissolve marriage by pronouncement of Talaq. On the other hand, in the event if right to divorce is not allowed to Wife in the Nikahnama, she is permitted by Islam to recourse Qazi for the purpose of dissolution of marriage on the principle of Khula. Such right in view of footprint of history was usually exercised on the failure of the husband to divorce her wife. Notwithstanding the above, in Pakistan power of Qazi has been devolved upon the special court, commonly referred to as Family Court. Therefore, it is in the best interest of wife to approach the Family court through best divorce lawyers in Lahore for the purpose of dissolution of marriage on grounds of Khula.
We at Hamza and Hamza Law Associates are known as the best law firm in Lahore.Needless to mention that while filing a divorce case in the court, our team being best divorce lawyers in Lahore, take special care to ensure the larger interest of our client in all the related affairs including custody and maintenance of minors, schedule meetings with the minors, recovery of dower (Haq Meher), and recovery of dowery articles,personal belonging and gifts as the case may be, as all the said are interconnected to the dispute between the parties.
Divorce in Pakistan can be affected by the various methods. Amongst the same
following are 3 popular methods as such used to dissolve marriage between husband and wife:
1. Divorce (Talaq) by Husband
2. Mutual Divorce by Husband and Wife
3. Divorce on principle of Khula by Wife
Divorce (Talaq) by Husband
According to laws of Pakistan, right of Divorce to husband is allowed by virtue of Section 7 of the Muslim Family Law Ordinance, 1961. Section 7 provides that if the Husband wishes to divorce, he can do so by pronouncement of written Talaq to his wife.Notwithstanding the above, Honorable Supreme Court of Pakistan through several judgments has recently observed that Talaq by husband cannot be affected without 3 written pronouncement to be delivered at 3 different instances. Each written Talaq is to be served upon wife while the copy of the each talaq is to be sent to the Chairman Arbitration Council. The Chairman Arbitration Council is required to send 1 notice per month to each party before completion of 90 days for the purpose to attempt reconciliation between husband and wife. In case of if reconciliation is affected and parties resort to each other, Talaq with deem to be revoked and ineffective between the parties. Cases where reconciliation could not take place within 90 days between the parties, Talaq is considered effective between the parties and Chairman Arbitration Council is consequently required to issue Divorce Certificate while dissolving the marriage between husband and wife. It is frequently reported to us that even after expiry of 90 days where no reconciliation stood effective between the parties, Chairman Arbitration Council deliberately fails to issue the divorce certificate. To avoid such delay in the process of issuance of Divorce certificate, we the best divorce lawyers in Lahore available at Hamza and Hamza Law Associates assist in expediting the process for our clients.
Mutual Divorce by Husband and Wife
Under this method both husband and wife through mutual resolve are desirous to dissolve their marriage. Both the parties terminate the marriage by executing a divorces deed, subsequently copy of the same is sent to the Chairman Arbitration Council in accordance to section 8 of the Muslim Family Law Ordinance, 1961. This is not only the most convenient method to dissolve the marriage but it also saves time by mutually settling the matter between the parties out of the court.
Team at Hamza and Hamza Law Associates are known to conveniently draft the accord between the parties after ensuring due settlement of terms and conditions through mediation, while giving special consideration to each party’s interests and benefits.
Divorce on principle of Khula by Wife
The third common method of effectively dissolving the marriage is by resorting to the Family Court for announcement of Decree of Khula. Wife in such case is required to file a suit in the nearest family court in district where she temporarily resides. Needless to mention here that khula is an Islamic right available to wife to part ways from husband if she has developed hatred in her mind for the husband.
All a Wife needs to do is to hire a Top Divorce Lawyer in Lahore and provide him with all details and documents necessary for preparing a case. Procedure of filing khula is now simple and convenient. Wife will only have to appear in the court once for the purpose to identify herself before the court. If Wife donot possess the Marriage Certificate (Nikah Nama), she can still file a Khula with an Affidavit whilst confirming the date of marriage and the fact that Marriage Certificate (Nikah Nama) is in custody of Husband or any third person as the case may be. After the case is filed, Wife along with a witness will submit oral as well as written evidence in court if applicable, after which the Court announces Khula in favor of the Wife. The decision of the family court pronouncing Khula is called the Decree of Khula. The khula proceedings may take upto 1-2 months maximum.
After obtaining the decree of khula from the Family court, application for issuance of Nadra divorce certificate is filed before the Chairman Arbitration Council, who upon Completion of 90 Days issued the Nadra divorce certificate. Hamza and Hamza Law Associates being the best divorce lawyers in Lahore can expedite the process and within no time the matter can be resolved.
We at Hamza and Hamza Law Associate are known to be the best law firm in Lahore and have tremendous experience to tackle family disputes and assist in resolving your family dispute within no time. The confidentiality and sensitivity of your family dispute is our outmost priority and preference. For any queries regarding your family dispute, you deserve advice from Best divorce lawyers in Lahore