..::Divorce Law in Pakistan…Lawyers and Law Firm

GROUNDS FOR DISSOLUTION OF MUSLIM MARRIAGE

A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:

that the whereabouts of the husband have not been known for a period of four years;

that the husband has neglected or has failed to provide for her maintenance for a period of two years;___________

that the husband has been sentenced to imprisonment for a period of seven years or upwards;

that the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;

that the husband was impotent at the time of the marriage and continues to be so;

that the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;

that she has been given in marriage by her father or other guardian before she attained the age of sixteen years, repudiated the marriage before attaining the age of eighteen years but the marriage has not been consumated;

that the husband treats her with cruelty, that is to say,

habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

associates with women of evil repute of leads an infamous life, or

attempts to force her to lead an immoral life, or

disposes of her property or prevents her exercising her legal rights over it, or

obstructs her in the observance of her religious profession or practice, or

if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran,

on any other ground which is recognized as valid for the dissolution of marriages under Muslim Law, Provided that:

no decree passed on ground (1) shall take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court he is prepared to perform his conjugal duties the Court shall set aside the said decree; and

before passing a decree on ground (5) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfied the Court within such period, no decree shall be passed on the said ground.

Notice to be served on heirs of the husband when the husband’s whereabouts are not known

the names and addresses of the persons who would have been heirs of the husband under Muslim Law if he had died on the date of the filing of the plaint shall be stated in the plaint.

notice of the suit shall be served on such persons, and

such persons shall have the right to be heard in the suit:

Provided that paternal-uncle and brother of the husband, if any, shall be cited as party even if he or they are not heirs.

The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage provided that

after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds for divorce,

a woman has not been converted to Islam from some other faith who re-embraces her former faith.

TALAQ

Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq in any form whatsoever, give the chairman a notice in writing of his having done so, and a copy thereof to the wife.

It shall be come into effect after the expiration of level1.

If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective the period of 90 days from the date of receiving of notice by the chairman or the pregnancy, whichever ends later.

Maintenance

If the husband fails to

maintain his wife adequately, or

where there are more wives than one, fails to maintain them equitably,

the wife, or all or any of the wives, may in addition to seeking any other legal remedy available apply to the Chairman who may issue a certificate specifying the amount which shall be paid as maintenance by the husband.

A husband or wife may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision of the certificate, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.

If the amount so awarded is not paid in the due time, shall be recoverable as arrears of land revenue

 

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