Divorce is the legal termination of marriage. The Divorce procedure in Pakistan and Procedure of Divorce in Pakistan is simple and clear for the Females. Pakistan, divorce is regulated by the Family Courts Act 1964, the Muslim Family Laws Ordinance 1961, and the Dissolution of Muslim Marriages Act 1939. Divorce is a serious decision and it is important to understand the legal requirements and implications of divorce in Pakistan.
Grounds for Divorce in Pakistan:
Under Pakistani law, there are several grounds on which a person can file for divorce. These grounds include:
Adultery: If one spouse engages in extramarital affairs, the other spouse can file for divorce in Pakistan.
Desertion: If one spouse abandons the other for a period of two years or more, the deserted spouse can file for divorce.
Impotency: If one spouse is unable to consummate the marriage or is impotent, the other spouse can file for divorce.
Insanity: If one spouse is declared insane by a medical professional, the other spouse can file for divorce.
Cruelty: If one spouse is abusive or cruel to the other, the victimized spouse can file for divorce.
Irretrievable Breakdown of Marriage: If the marriage has irretrievably broken down and there is no possibility of reconciliation, either spouse can file for divorce.
Divorce Procedure in Pakistan:
In Pakistan, divorce proceedings are initiated by filing a petition in the relevant family court. The petition should include the grounds for divorce and any other relevant information, such as the couple's marriage certificate and proof of any payments made under the Haq Mehr (dower).
The family court will issue a notice to the other spouse, informing them of the divorce proceedings. If the other spouse does not contest the divorce, the family court may grant the divorce after the passage of a mandatory waiting period of 90 days.
Contest of Divorce:
If the other spouse contests the divorce, the family court will conduct hearings to determine whether the grounds for divorce have been established. If the court finds that the grounds for divorce have been established, it may grant the divorce and issue a decree of dissolution of marriage.
Implications of Divorce in Pakistan:
Divorce Talaq in Pakistan has several implications in Pakistan, including the division of property, child custody, and the payment of maintenance. Under Pakistani law, the property acquired during the marriage is divided equally between the spouses, unless they have agreed otherwise. Child custody is awarded to the mother, unless she is deemed unfit or the child is of a certain age. Maintenance is awarded to the wife and children, if any, based on the husband's income.
Divorce is a serious decision that should not be taken lightly. It is important to understand the legal requirements and implications of divorce in Pakistan before initiating divorce proceedings. It is also advisable to seek legal advice and guidance to ensure that your rights and interests are protected.