Divorce under Muslim Family Laws Ordinance
The divorce in Pakistan can be either from the husband’s side or from the male or from the female side.
When a male gives divorce in Pakistan, the divorce procedure is governed under the Muslim Family Law Ordinance. This law provides the complete procedure through which a male can divorce the wife, in which, according to this law, the male has to draft a divorce deed, send a copy to the wife, and submit the original in the Arbitration Council.
The Arbitration Council initiates the reconciliation procedure, which continues up to 90 days, and after the expiry of 90 days, the divorce certificate in Pakistan is issued.
Below is the complete procedure of divorce under Muslim Family Law Ordinance 1961.
1. Section 7
The complete procedure of divorce by the male side is governed under Section 7 of the Muslim Family Law Ordinance.
It provides the complete legal process through which a male can obtain the divorce certificate after the complete legal procedure.
2. Divorce Deed
When a male wishes to divorce the wife, he has to draft a divorce deed, either himself or through the lawyer in Pakistan.
The divorce deed is prepared on a stamp paper. The male can give Talaq-e-Salasa to the wife, and he can also give partial divorce in the divorce deed.
3. Notice to Wife
Once the divorce deed is drafted, a copy of the divorce deed is sent to the wife.
This is a notification to the wife regarding the pronouncement of the Talaq in Pakistan by the husband to the wife.
4. Registration in Council
Once the divorce deed is drafted and the copy is sent to the wife, the next step under the Muslim Family Law Ordinance is to register the divorce deed before the Arbitration Council.
Section 7 of the Muslim Family Law Ordinance makes it mandatory for the Muslim male to register the divorce before the Arbitration Council so that the Council may initiate the proceedings of reconciliation.
5. Reconciliation Process
Once the divorce deed is registered before the Arbitration Council, it initiates the reconciliation process.
The reconciliation process is of 90 days. During this reconciliation process, the Arbitration Council tries to have reconciliation between the husband and wife.
Regarding this, the notices are sent to both the husband and wife, and both are required to bring at least two male witnesses along with them to support the reconciliation procedure.
6. Issuance of Divorce Certificate
Once the reconciliation fails and the 90 days is expired, the Arbitration Council issues the divorce certificate in Pakistan.
The certificate is the conclusive proof of being divorced in the country.
In Case of Overseas Divorce in Pakistan
If the husband is residing abroad, he can remotely hire a lawyer to process his case of overseas divorce in Pakistan.
In the absence of the client, the lawyer can proceed with the divorce procedure on behalf of the client.
In Case of Khula Before Pakistani Court
Not only the male but the female can also obtain the divorce against the husband.
If a female wishes to obtain the divorce against the husband, she needs to file a case of Khula before the Pakistani court.
The case before the family court is filed through a lawyer by the wife. The Family Court Act 1964 deals with the complete procedure of Khula before the family court.
In Case of Overseas Khula in Pakistan
If a wife is residing abroad, she can file an overseas Khula in Pakistan through a lawyer.
To file a case before the family court, she needs to send a special power of attorney, which has to be attested by the Pakistani embassy or consulate to the lawyer.
Once the lawyer receives the special power of attorney, the lawyer will file the case before the family court.
Divorce Certificate
The divorce certificate in Pakistan is not only issued to the male but also to the female.
In case of divorce under the Muslim Family Law Ordinance, the divorce certificate is issued to the male.
In case of Khula, the divorce certificate can be issued after the expiry of 90 days starting from the Khula decree issued by the family court.
The divorce certificate is not for a particular male or a female. The divorce certificate is for the spouse.
If one of the spouses is issued the divorce certificate, the other can obtain a copy of it.