Adv Syed Rashed Ali Shah

Divorce law in Pakistan Written by: Adv Syed Rashed Ali Shah MA political science LLB LLM Corporate Law CTA The divorce law in Pakistan is primarily governed by the Muslim Family Laws Ordinance of 1961, which applies to Muslims in the country. Here are some key aspects of divorce law in Pakistan: Types of Divorce: Under Islamic law, there are several types of divorce, including Talaq (divorce initiated by the husband), Khula (divorce initiated by the wife), and Talaq-e-Tafweez (delegated divorce). Talaq: Talaq can be given in different forms, including verbal pronouncement, written notice, or through a legal process. The husband may initiate Talaq, but it requires compliance with certain procedural requirements, including a waiting period known as the "iddah." Khula: Khula is a right granted to the wife, allowing her to seek a divorce from her husband through mutual consent or by returning the "dower" (mehr) received at the time of marriage. If the husband refuses to grant Khula, the wife can seek a divorce through the court. Court Proceedings: In cases where divorce is contested or one party refuses to consent, the matter can be brought before the family courts. The court may attempt reconciliation through mediation or counseling before granting a divorce. Child Custody: The issue of child custody is often addressed alongside divorce proceedings. In Islam, custody of children is generally awarded to the mother until a certain age (usually puberty for boys and marriage for girls), after which the father may take custody. Financial Settlements: The divorce law in Pakistan also addresses financial matters, including the division of marital assets, payment of maintenance (alimony), and settlement of any outstanding financial obligations. Triple Talaq: The practice of "triple talaq," where a husband can divorce his wife by pronouncing "talaq" three times in quick succession, has been controversial and is subject to legal restrictions in Pakistan. It's important to note that divorce law can vary for non-Muslims in Pakistan, who may be subject to different legal frameworks based on their religion or personal laws.