..::Divorce: Muslim Family Laws in Pakistan

Marriage is a contract between husband and wife it can be dissolved;

  • by husband at his will without assigning ay reason.
  • by mutual consent of spouses.
  • by judicial decree.

Manners of Divorce/Talaq

a divorce may be,

  • in writing
  • by words of mouth
  • no particular form necessary.

Divorce when proceeded from the side of husband it is called Talaq and when it is affected by mutual consent it is called “Mubarat

Requiremrnts of divorce

  • pronouncement of Talaq in accordance with Muslim Law;
  • service of notice on the chairman;
  • service of notice on wife.

Three steps to pronounce Talaq

  • firstly, it has to be verbally pronounced as mandated by Shahria.
  • secondly, the same may be pronounced in any form whatsoever, which would mean that in any prevalent mode i.e. ones own language or on Arabic as some sects prescribe in that form.
  • thirdly, verbal pronouncement of talaq to reduced in writing and has to be conveyed to the Chairman of Union Council with a copy to the wife. Failure to strictly comply with sais procedure would not invalidate talaq. Necessary requirements or ingredients of talaq are a conscious and willful  pronouncement of talaq with intention to release wife from marriage bond.

 

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