Legal Procedure of Divorce In Pakistan With Family Law Ordinance,1961

Procedure of Divorce In Pakistan:

It is not with regard to proof of procedure of divorce in Pakistan that the Shia Law insists on two witnesses but to the very act of divorce and it cannot, therefore, be held that the matter related to proof and not to substantive law.  Talaq in the manner categorical statement by husband before Family Court about having divorced his wife would by itself dissolve marriage between husband and wife.  Where both man and woman accused had claimed themselves to be legally-wedded husband and wife in the statement, on the support of the written divorce deed by production of their Nikah nama and divorce deed by which complainant was alleged to have pronounced three Talaqs and said Talaq nanma was attested by a Magistrate and also a Notary Public and other witnesses, its verification being necessary, Trial is obliged to have verified the genuineness of said Talaq nama. Failure of the Court would render the conviction awarded as without any factual or legal basis. Onus to prove procedure of divorce in Pakistan would lie on the party alleging divorce to a wife. Onus to prove of procedure of divorce in Pakistan would lie on the party alleging divorce to a wife by her deceased husband. In absence of such proof, presumption could validly be raised that marriage between spouses remained intact till death of her husband. Facts considered in the light of the Talaq nama and notice issued by the Chairman, Arbitration Council supported by the oral testimony of witnesses proved divorce. Onus to prove Nadra divorce certificate in Pakistan was on husband. Factum of marriage was admitted, onus to prove divorce, heavily lay on the party objecting the same.  Non-service of notice is a mere irregularity. Provisions of S. 7(1) and Rule 3(b) are directory in nature as no penalty is provided for their non-compliance. Non- service of notice is a mere irregularity and does not affect validity of a divorce validly pronounced and communicated. Petition of procedure of Divorce in Pakistan dismissed. Divorced without giving notice of divorce to Chairman Union Council was irregularity.  Advocate Nazia know the procedure of divorce in Pakistan  and divorce procedure in Pakistan very well.

Recovery of maintenance:

Recovery of maintenance Suit for recovery allowance and dower amount against the petitioner who was employed in Germany was maintained. Family Court awarding maintenance allowance at the rate of Rs.5, 000/- per month for her iddat period and for minor child @ of Rs.3, 000/- per month till his custody. Entitled to get maintenance allowance was maintained and appeal filed by petitioner was dismissed. Amount of maintenance allowance awarded was not excessive or exorbitant in the age of inflation/dearness. In light of admission in the written statement evidence on the file and Submissions made at bar, it transpired that controversy was correctly put to rest by both the Courts, without committing any error of law. Held, no case for interference in Constitutional jurisdiction of High Court was made out. Allowance/dower of maintenance or Petition for procedure of Divorce in Pakistan was dismissed. Pronouncement of divorce-Service of notice of divorce was mandatory. Whereby at time of pronouncement of talaq if not found available, union or town, where such wife last resides with such person, has jurisdiction. Point of jurisdiction is entirely resolved by referring Rule 3(b) of Rules, 1964. Petition was dismissed.' Change of residence of wife. Question of validity of Nadra divorce certificate in Pakistan was challenged. 

Contention of petitioner that service of notice at her current address, are of no legal effect, that should have been filed in union council where at the time of pronouncement of divorce she was residing. Held, Husband proceeded to take steps including pronouncement of divorce afresh and sent intimation to all concerned including the petitioner, her two brothers and Administrator Union Committee. Present petition was yet another attempt on the part of the petitioner to delay what had unfortunately become inevitable. Subsection (4) of section 7 of the Ordinance stipulates that within 30 days of the receipt of the notice of Talaq as provided in subsection (1), the Chairman shall constitute and Arbitration Council for the purpose of brining out a reconciliation between the parties and the Arbitration Council shall take all steps necessary to bring about such reconciliation. There are three important requirements under sub-section () of section 7 to make a Talaq pronounced by the husband effective:() Pronouncement of Talaq in accordance with Muslim Law (i) Service of notice on the Chairman (ii) Service of copy of the notice on the wife. If any one of these conditions is not satisfied the Talaq would not become effective even after 90 days.

Nadra divorce certificate:

 After sending intimation to chairman regarding pronouncement of Talaq husband ought to appear before chairman to verify that he had pronounced Talaq and sent notice to chairman. Even if one's husband appears and verifies that he has sent notice of Talaq and thereafter does not appear nor nominate his representative for constitution of arbitration council it simply means that he is not interested in reconciliation and chairman would Nadra divorce certificate in Pakistan after expiry of 90 days. Nadra divorce certificate in Pakistan issued by Chairman in absence of evidence on record to prove pronouncement of Talaq by husband would be ineffective qua inheritance rights of wife after death of husband. Decree for dissolution of marriage would not become ineffective merely because a copy thereof is not sent to the Chairman within the prescribed period of 7 days. Effectiveness of such decree after the procedure of Divorce in Pakistan would be reckoned as from the date of due service and efflux of requisite period as be relevant in a given case. Divorce ipso facto would become effective on the expiry of ninety days from the date when notice is received by the Chairman. Divorce pronouncement by the husband upon the wife having not been revoked, becomes effective after the expiry of 90 days from the date of receipt of notice by the Nazim/Chairman, Arbitration Council. Family Court is under obligation to send by registered post Within 7 days of passing such decree, a certified copy of the same to appropriate Chairman whereupon Chairman would proceed as if he had received intimation of Talaq under this Ordinance.  If you have confusion about procedure ofdivorce in Pakistan and nadra divorce certificate visit our site.

Muslim Family Laws Ordinance, 1961:

Period of 90 days would start from the date the certified copy is sent to him by Court. Chairman Husband would be deemed to have divorced his wife on the date when he made statement in Court that he had divorced her. Proceedings under provisions of S. 7, Muslim Family Laws Ordinance, 1961, are primarily designed towards bringing about reconciliation between spouses. Husband having died, question of reconciliation does not arise and proceedings even if pending, stands frustrated. No notice of Talaq having been served upon wife during lifetime of her husband, proceedings concluded by Chairman on the application of brother of deceased husband are unlawful. Sanctity is attached to the certificate of effectiveness of divorce and the suit for restitution of conjugal rights would not be entertain able on production of such certificate when such certificate has neither been cancelled nor declared to be without jurisdiction even in procedure of Divorce in Pakistan.