Best Way To Knows The Procedure Of Divorce In Pakistan

Divorce Procedure In Pakistan:

Copy of notice to Chairman for divorce procedure in Pakistan was sent. If any person who wishes to divorce her wife has to give notice in writing of having done so to the Chairman with a copy of notice to the wife in terms of S. 7 of Muslim Family Laws Ordinance, 1961. Chairman concern means Chairman of Union Council or Town in which wife at the time of pronouncement of procedure of divorce in Pakistan  was residing and not Chairman in whose Jurisdiction wife subsequently shifted her abode. No provision of transfer of notice of divorce by Chairman Union Council/Town Council either in Muslim Family Laws Ordinance, 1961 or in Rules frame there under and in absence of any such provision transfer of the matter regarding divorce in Pakistan by respondent was also without jurisdiction.

Divorce in Pakistan pronounced by the husband:

Divorce in Pakistan pronounced by the husband upon the wife having not been revoked, had become effective after the expiry of ninety days from the date of receipt of notice by administrator or Chairman Arbitration Council in view of S. 7(35), Muslim Family Laws Ordinance, 1961 Chairman of Arbitration Council is empowered merely to bring about reconciliation between parties to a marriage. He has no business to go into notices of questions raised before him in respect of validity of marriage or validity of divorce or delegation of right of pronouncement of divorce in Pakistan. Chairman is not required to give a decision or issue a divorce certificate in Pakistan. He, however, can record if reconciliation efforts had succeeded and person who had pronounced divorce in Pakistan after the Procedure Of Divorce In Pakistan  had agreed to revoke it.

Both title and preamble of Hudood Ordinance disclose real intention of law-maker to bring it in conformity with Injunctions of Islam. Words validly married" occurring in definition of "zina" in section 4 of Hudood Ordinance, have not been defined in Ordinance, therefore, definition will be sought from Injunctions of Islam. It was held that if a court marriage in Pakistan is valid in Islam, it shall be held valid for purpose of Ordinance even though it is not recognized as valid in any other law for time being in force. It was further held that Section 7 of Muslim Family Laws Ordinance cannot affect validity of marriage contracted according to Islam to extent of criminal liability under Hudood Ordinance. Failure to send a notice of talaq to Chairman during divorce procedure in Pakistan does not render divorce ineffective in Islam. Nadra divorce certificate in Pakistan is issued by Chairman in absence of evidence on record to prove pronouncement of divorce by husband would be ineffective qua inheritance rights of wife after death of husband.

Divorce in Pakistan ipso facto would become effective on the expiry of ninety days from the date when notice was received by the Chairman concerned. Talaqnama having been received by the Chairman on specific date, such divorce in Pakistan would become effective on the expiry of prescribed period by of time counted from the date on which notice was sent and ultimately Nadra divorce certificate in Pakistan will be issued. Neither S. 7, Muslim Family Laws Ordinance, 1961 nor any other provision of the Ordinance required any certificate by the Arbitration Council that talaq had become effective Where proceedings had been filed by the Chairman prior to the expiry of ninety days, such action did not have the effect of arresting the time which had started to run. Law would take its own course and talaq pronounced would become effective on the expiry of specified time after the divorce procedure in Pakistan.