Divorce Arbitration Council Procedure:
The complete procedure of divorce arbitration council procedure in Pakistan is mentioned in Section 7 of the Muslim Family Law Ordinance 1961.
The procedure is that the male drafts the divorce deed and notifies the wife and then submits the original divorce deed to the council, which issues the notices to both and tries to have reconciliation between both for the period of 90 days, on the expiry of which the divorce certificate is issued.
Below is the complete detailed divorce arbitration council procedure in Pakistan.
Prepare Divorce Deed
Where a male wishes to divorce the wife, then on the first step he needs to prepare a divorce deed.
The deed should clearly mention that he is divorcing the wife. The wording of the divorce deed should not be ambiguous.
Notify the Wife
Once the divorce deed is drafted, either personally by the husband or through the lawyer, a copy of this divorce deed is to be sent to the wife.
The copy to the wife is a notification to the wife that the divorce has been pronounced by the husband.
Submit Deed in Arbitration Council
Once the wife is notified through the copy, the original divorce deed is to be submitted before the Arbitration Council.
The Arbitration Council does not initiate the proceeding unless the divorce deed is registered before it and the application is given to initiate the proceedings.
Issue Notices by Council
After the registration of the divorce before the Arbitration Council, the council will send notices to both the husband and wife.
The notices are sent to both the parties before the council for the conciliation proceedings.
Male Members from Both Sides
The Arbitration Council also asks the husband and wife to bring at least two male members from the family so that they can try to have reconciliation between both.
Reconciliation Attempt by Arbitration Council
It is the mandatory provision under Section 7 of Muslim Family Law Ordinance that the council will try to have reconciliation between the husband and wife.
Reconciliation does not mean that by force they will try to have reconciliation. They will just try to have reconciliation as far as possible.
Divorce Certificate by Arbitration Council
In case the reconciliation fails between the husband and wife, the Arbitration Council issues the divorce certificate in Pakistan.
The divorce certificate is not for only the husband and wife; it is the divorce certificate for the spouse.
In Case of Overseas Divorce in Pakistan
Where the husband is residing abroad and wishes to divorce the wife in Pakistan, he will have to hire the services of a divorce lawyer in the country.
And the lawyer hired by the overseas Pakistani will have to conduct the same proceedings as mentioned above. Lawyer for overseas divorce in Pakistan can be found online.
In Case of Overseas Wife in Pakistan
Where the wife is residing abroad and wishes to take Khula from the husband from Pakistan, she needs to hire a lawyer through a special power of attorney, where the lawyer will file a case on behalf of the overseas wife before the family court. Overseas khula in Pakistan can be obtained through a divorce lawyer.
And once he obtains the Khula decree from the family court, he will also submit it before the Arbitration Council.
And then once again 90 days reconciliation procedure will start. On failure of which the divorce certificate will be issued.
Pak-ID is for Duplicate Divorce Certificate Only
NADRA Pak-ID app is not for the issuance of the divorce certificate.
Divorce certificate is issued only after the complete legal proceedings as mentioned above.
However, the NADRA Pak-ID app can be used for the issuance of the duplicate divorce certificate provided you have the CNMS number mentioned on the divorce certificate previously issued to you.
Common Mistakes Regarding Arbitration Council
It is most common mistake of the overseas Pakistani that they think that in order to divorce they need to personally appear before the Arbitration Council.
The overseas Pakistani can appear before the Arbitration Council for the reconciliation proceedings through a lawyer also.
Legal Advice
It is really advised to always consult an expert family lawyer when it comes to the procedure, when it comes to the divorce arbitration council procedure in Pakistan.