Marriage is a legal contract which confer legal rights and obligations upon husband and wife. Some of these rights and obligations are expressly detailed in law and some are not but are implied from marriage relationship. Nonetheless, neither husband nor wife can be forced to live under the bond of marriage without free will and consent.
Where husband wish to dissolve marriage relationship with wife, procedure for divorce provided under Section 7 of the Muslim Family Law Ordinance, 1961 is required to be followed. Procedure of divorce for husband living in Pakistan is different from husband who is overseas Pakistani. In this article we will explain the most effective and time efficient procedure that Overseas Pakistani husband can follow to divorce his wife.
Divorce procedure to be followed by Overseas Pakistani husbands is detailed herein below:
Same procedure is to be followed by Overseas Pakistani wife who has been delegated with right of divorce by husband in Nikahnama.
Verbal divorce has no value under laws of Pakistan. This means that all rights that wife is entitled to under the relationship of marriage, can still be enforced by action of law including financial maintenance support etc.
Every document executed outside Pakistan must be got attested from the Pakistani Consulate and must be got attested from Foreign Affairs Office of Pakistan, without having the attestation from Pakistani consulate, documents is not deemed admissible under law. This means that divorce deed signed by husband must be got attested from Pakistani consulate without which the Divorce Certificate will not be issued by Arbitration Council.
Expert divorce lawyers at Khadija Law Associates have great deal of experience in dealing with divorce matters. We will not only draft Divorce Deed and Special Power of Attorney but our trusted associates can also be given the authority and power to represent you before the Arbitration Council. All you need to do is to contact us and we will take up the matter till the Divorce Certificate is issued to dissolve marriage relationship.
KHADIJA LAW ASSOCIATES
It is a general misconception in our society that child custody of minor son can be retained by mother till age of 7 years only, in case of separate or divorce with husband and after that minor son is handed over in custody of father.
If you are applying a spouse visa, immigration visa or any other category of visa for your wife and the concerned embassy has required you to bring Court Orders to verifying marriage.