Procedure of Talaq (divorce )—Wife residing aboard

S. 7—West Pakistan Rules under Muslim Family Laws Ordinance, 1961, R.3(b)—Constitution of Pakistan, Art. 199—Constitutional petition—Talaq (divorce )—Wife residing aboard—Serving of notice on wife, effectiveness of—Arbitration Council, jurisdiction of—Proceedings for dissolution of marriage, custody of minor and equitable distribution of property initiated by wife (petitioner) in the foreign court—Husband (respondent) was alleged to have prepared a forged divorce deed in Pakistan with the intention to frustrate said proceedings before foreign court—Contentions of wife were that she was residing out of Pakistan and was not served notice of Talaq by Arbitration Council in accordance with section 7 of Muslim Family Laws Ordinance, 1961, and that Arbitration Council, had failed to appreciate her objection about her non-residence within its territorial jurisdiction—Validity—Perusal of reply affidavit submitted by wife before foreign court showed that she had knowledge about pronouncement of Talaq and proceedings before the Arbitration Council in Pakistan—Rule 3(b) of West Pakistan Rules under Muslim Family Laws Ordinance, 1961, clearly provided that where at the time of pronouncement of Talaq, wife was not found available in any part of Pakistan, then the Union Council or Town, where she last resided, would have jurisdiction for the purposes of notice, therefore, contention of wife regarding jurisdiction needed no further discussion—Constitutional petition was dismissed accordingly. 2013  CLC  108     ISLAMABAD


59 comments on “Procedure of Talaq (divorce )—Wife residing aboard

  1. am an American that married in Islamabad and marriage recorded in foreign office,, we got an American divorce is this legal in Pakistan? I never received a divorce from there and he remarried a lady from there already. Anything I need to do now?


    • If you were married in Pakistan and marriage was also registered in Pakistan, if you got the American divorce, that divorce must be registered in Pakistan and got issue a Divorce Certificate. As per Pakistan record you are still husband and wife. for further consultation you may email me at


  2. husband has sent talaq salasa notice, he resides abroad and given divorce via phone on 18 Aug 2016 as is written in the notice.
    Received the notice on 22 Sept
    As it is talaq e salasa… Is there any chance of reconciliation or nothing can be done now???
    Please reply ASAP


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