A Legal Guideline to Know the Procedure of Divorce in Pakistan

Legal Procedure of Divorce In Pakistan:

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Guidance about divorce in Pakistan:

It is not with regard to proof of procedure of divorce in Pakistan and divorce procedure 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 Nikahnama and divorce deed by which complainant was alleged to have pronounced three Talaqs and said Talaqnanma 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 Talaqnama.

Guidelines About The Divorce Process in Pakistan:

Onus to prove procedure of divorce in Pakistan and divorce procedure 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 Talaqnama 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.

Know the Procedure of Divorce in Pakistan Accordance Pakistani Law:

 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. 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.

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Nadra Divorce Certificate:

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 khula 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.