..::Whais is Procedure of Divorce in Foreign Countries

  • Definition of Divorce as provided by the Islamic Shari’a Council of 34 Francis Road, Leyton, London E10 6PW: Divorce are of two forms
    1. Revocable: One or two Talaq (Divorce) after which the husband has still a right to take his wife back (known as ‘Ruju’) within her Iddat period. No certificate is required.

    2. Irrevocable: Dissolution of marriage by a Muslim Qadi (Muslim Judge) or a Shari’a Council after which the husband has no right to take his wife back. But the divorcee may remarry the same husband with a new contract and dowry.

  • Under Section 7 of Muslim Family Law Ordinance 1961, after pronouncing of divorce in any form the husband has to give written notice of it to the relevant Union Council of which jurisdiction will be determined in accordance with Rule 3 of the WEST PAKISTAN RULES UNDER THE MUSLIM FAMILY LAW ORDINANCE, 1961

    1. In determining Jurisdiction of Union Council, the residential address of wife at the time of pronouncement is considered;

    2. In case she is not present in any part of Pakistan, that Union Council has jurisdiction where such wife last resided with such person; and

    3. while in other cases, the Union Council is competent to entertain the case where the person pronouncing Divorce is permanently residing in Pakistan.

    And its notice will also be delivered to his wife. The Union Council will after a period of 90 days (which period will be calculated from the date of service of Notice to the Union Council and to wife) on completion of certain legal formalities will issue him a Divorce Certificate.

  • Moreover, under Notification No. S.R.O. 1086(K)/61, dated 8-11-1961, the function of Chairman Arbitration Council under Muslim Family Laws Ordinance, 1961, were to be performed by an appointed officer of Pakistan Mission abroad. Thus UK courts have no any authority to proceed in the cases regarding Dissolution of Marriage of parties belonging to Pakistan. Ref: 2009 YLR 1141

 

Enter your Question here

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s