Divorce Certificate or Divorce Registration Certificate is issued after the divorce proceedings are conducted and finalized by the Arbitration Council. Divorce Certificate is legal documents which carry with itself legal presumption that marriage has been dissolved between husband and wife. Divorce Certificate is issued at the last stage and state not only the particulars of husband but also the effective date on which marriage has been dissolved.
It is a general misconception in our society that divorce can be effected as a result of verbal pronouncement of Talaq. You are made to believe that your marriage is dissolved and any right attached to marriage is no more available to you. Fact of the matter is that verbal pronouncement of Talaq has no value accordingly to laws of Pakistan. For instance where husband has pronounced 3 divorces verbally to wife, marriage accordingly to law is still deemed to be intact. Wife is still entitled to all legal claims against husband or his property. Similarly husband has all the rights available against his wife. In one of the most recent cases where wife claimed for maintenance from husband, husband took plea that he has already divorced his wife and therefore, she is not entitled to claim maintenance from husband.
Court turned down the plea of the husband on ground that divorce unless registered has no force or recognition in law. This rule have been observed because Marriage can only be dissolved if procedure provided under the Muslim Family Law Ordinance, 1961 is followed in strict sense. There are 2 ways by which marriage can be dissolved in Pakistan. Either husband give Talaq to his wife (HYPERLINK) or wife obtains KHULA from Court (HYPERLINK). Divorce Certificate is issued in these two scenarios only. Without the issuance of Divorce Certificate in Pakistan, Divorce is not deemed to be effected between husband and wife.
Divorce Certificate is required to be issued by the Arbitration Council. Arbitration Council is mandated under the law to make every possible effort to attempt reconciliation between husband and wife. Any reconciliation effected between husband and wife at any stage before issuance of the Divorce Certificate is legal and marriage, therefore, is deemed to be intact for all legal purposes.
Expert qualified team at Khadija Law Associates have great experience in obtaining Divorce Certificate from Arbitration Council as well as NADRA. We have extensive experience in handling intricate nature of family disputes. No matter if you are a husband or wife, if you are looking for issuance of Divorce Certificate, all you need to do is to contact our expert family lawyers and we will handle the rest. We will not only take care of the proceedings on your behalf but we will appear before Arbitration Council and relevant authority until the Divorce Certificate is issued.
For any queries or concerns on how to obtain a divorce certificate in Pakistan, feel free to contact our family expert lawyers at Khadija Law Associates.
Legislative intent behind the powers with Arbitration Council to conduct reconciliation proceedings is to make every effort to save marriage. However, if differences cannot be resolved or either side is not willing to give another chance to marriage, divorce certificate is issued.
Only upon issuance of Divorce certificates, marriage is deemed to be effected and any rights which husband or wife according to law carried against each other are deemed to be lifted. It is the only evidence through which law would deem that marriage is dissolved. Merely basis on pronouncement of verbal, written divorce or taking part in or joining reconciliation proceedings, donot make you a divorcee.
Divorce process is required to be initiated in Union Council no matter divorce is sought by husband or wife. Nonetheless, procedure for Divorce by husband and wife (in case of special permission) or Khula by wife are absolutely different. None the less, divorce proceedings are recorded by Arbitration Council and in case of no reconciliation between husband and wife Divorce Certificate is issued.
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.