Best Way To Get The Divorce In Pakistan

Divorce Procedure In Pakistan :

Divorce in Pakistan pronounced by husband in accordance with requirements of Islam without following the procedure laid down in S. 7 would be valid pronouncement of divorce in Pakistan. Failure to follow procedure laid down in S. 7 may entail punishment but would not invalidate divorce in Pakistan which is conscious and willful pronouncement of divorce in Pakistan with intention to release wife from marriage bond. Divorce in Pakistan would become effective after expiry of ninety days from date of receipt of Notice by Chairman, Arbitration Council and ultimately Nadra divorce certificate in Pakistan will be issued

 Muslim Family Laws Ordinance:       

For notice of divorce in Pakistan no particular form of notice was prescribed either by the Muslim Family Laws Ordinance, 1961, or in the Rules framed there under. Object to notice was to communicate to wife and Chairman of local Council concerned, the fact that husband had dissolved the marriage so the proceedings for reconciliation could be undertaken after issuance of Nadra divorce certificate in Pakistan. Document need not be in the form of notice but otherwise if it conveyed requisite information same would constitute sufficient compliance of S. 7, Muslim Family Law Ordinance, 1961.

 Deed of dissolution of marriage received by wife and Chairman of the concerned council which clearly conveyed. husband had divorced his wife and severed all his connections by pronouncing divorce in Pakistan would be deemed to be a notice under S. 7, Muslim Family Laws Ordinance, 1961. Talaq pronounced by husband to wife thrice. Withdrawal of notice of Talaq by husband from Administrator of Union Council remains intact. Divorce in Pakistan pronounced by husband to wife thrice would become "Bain" and husband would have no right of its revocation as per Injunctions laid down in Holy Qur'an and Sunnah, relating to divorce and its revocation, and to that extent provision of S. 7, Muslim Family Laws Ordinance, 1961, is in support of those injunctions as provided in the constitution of Pakistan.

Contents of Talaqnama in writing clearly indicated that same was irrevocable and that respondent had no mind to revoke the same. Respondent was wrong in claiming in the alleged application for revoking of Talaq that his wife was also agreeable to have reconciliation with him. Talaq pronounced by respondent being irrevocable, Administrator, Union Council was bound to issue Nadra divorce certificate in Pakistan. High Court declared that Talaq pronounced by respondent had become effective and irrevocable; respondent could not claim petitioner to be his wife; and Administrator, Union Council was directed to issue Nadra divorce certificate in Pakistan confirming effectiveness of Talaq.

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Provision of S. 7 makes all forms of divorce in Pakistan revocable. Traditional Islamic Law making irrevocable pronouncement of one divorce to a wife whose marriage has not been consummated and prescribing no term of probation or a waiting period (iddat). S. 7 making no such distinction in as much as talaq to a wife before consummation of marriage are also made to be effective after 90 days and ultimately Nadra divorce certificate in Pakistan is issued. It was held that this provision of S. 7 was clearly repugnant to Injunctions of Holy Quran. Court should construe S. 7 with adaptations in order to make S. 7 applicable in conformity with Constitution and enforce it so as to bring provisions of S. 7 in accord with Injunctions of Islam as laid down in Holy Qur'an and Sunnah provided in Art. 2A of Constitution. High Court in present case on invocation of its jurisdiction under Art. 199 refusing to recognize S. 7 to the effect that receipt of husband's notice of talaq by Chairman and expiry of 90 days from date thereof had ipso facto made divorce effective as this provision of S. 7 was in derogation of provisions of Holy Quran and Sunnah relating to divorce in Pakistan.