It is now a globally settled principle that divorce is a contract between husband and wife. Either husband or wife can seek dissolution of marriage through procedure provided under law. Procedure for divorce is provided under the Muslim Family Law Ordinance, 1961. Neither husband nor wife can be forced to live with each other without personal will.
Accordingly to Section 7 of the Muslim Family Law Ordinance, 1961, Divorce is a right available to husband is Pakistan. Such right can be available to wife only where husband has delegated his wife the power of divorce in Nikahnama.
For initiating divorce, procedure is provided herein below:
Same procedure is to be followed by Wife, who has delegated power of issuing divorce on behalf of husband. In this regard, there must be specific delegated power given in Nikahnama. Notwithstanding, divorce shall be deemed to be revoked if Divorce Certificate is not issued for any reason whatsoever.
In case of failure of husband or wife [having delegated power to give divorce] as the case may be to follow the procedure provided in Section 7(2) of the Muslim Family Law Ordinance, 1961, to register divorce failing which such person can be sentenced up to 1 year punishment or Fine or both.
Verbal Divorce or issuing of divorce through telephonic means or Whatsapp etc is not deemed as legal divorce. It is procedurally mandatory for the husband to issue divorce in writing on Non-Judicial Stamp paper duly witnesses by atleast two (2) persons. It is always recommended to consult an Expert Family Lawyer to prepare and process divorce documents. It is mandatory that copy of such divorce executed by husband or wife as the case may be, to be sent to the Chairman UC. It is because law require Chairman UC to not only record the divorce in its register but also conduct mandatory exercise to attempt reconciliation between husband and wife.
A Divorce Certificate is processed at the very end of the proceedings. Divorce Certificate is issued only after entry is made in government record regarding the factum of divorce between husband and wife. To learn more about of Divorce Certificate click on link (HYPERLINK)
Clearly there is no legal provision available in law which bar husband to execute 3 pronouncement in one go. Nonetheless, Judgment was observed by Supreme Court of Pakistan recently in year 2020, to direct Government to amend the law to obligate husband to pronounce divorce each per month. However, so far Government did not introduce any such law till date. Regardless, it has been seen that, officials at some UCs have started to observe the practice of only entertaining Single Divorces. Cases where 3 divorce pronouncements are issued in one go there application is being refused to be entertained.
If you are willing to know more about Divorce or you think you are left with no option but to put an end to marriage relationship with your spouse, feel free to reach us and we will fully assist you in the matter
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.