Know the Brief Procedure of Divorce in Pakistan with Advocate Nazia

Legal Way to Get the Divorce in Pakistan:

In Pronouncement of divorce in Pakistan according to Shia Law the trial court on basis of evidence led by parties reaching conclusion that pronouncement of divorce in Pakistan made by husband or wife did not conform to requirements of Shia Law in as much as it was not heard by two Adult males and, therefore, lady could not be said to have ceased to be his Wife. Finding of fact recorded by Trial Court and endorsed by Appellate Court not shown to have been arrived at as a result of misreading of evidence based on no evidence. Interference declined by High Court in Constitutional jurisdiction. Omission by husband to give notice of talaq to Chairman of concerned Union Council renders divorce in Pakistan ineffective in the case of dissolution of marriage in Pakistan by the way of khula in Pakistan.

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. Nazia law associate is the perfect platform to know the procedure of divorce in Pakistan and divorce process in Pakistan.  You don’t take tension about how can wife get divorce in Pakistan. Meet advocate nazia and share all your problem. She give  you better way and she made the short divorce process in Pakistan for the females. Because most of the females not know how can wife get divorce in Pakistan.

Dissolution of Marriage by The Way of Divorce:

In the suit for Dissolution of marriage in Pakistan husband pronouncing divorce in Pakistan but abstaining from giving a notice. Chairman, should be deemed to have revoked the pronouncement. Provisions of sub-section (G) of S. 7 of the Ordinance preclude a, divorce in Pakistan from being effective for a certain period and within that period. Consequently, it could not be said that marital status of the parties had in any way been changed; parties still in law continue to be husband and wife.

Guidelines About Divorce Deed:

 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.

 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 Talaqnama and notice issued by the Chairman, Arbitration Council supported by the oral testimony of witnesses proved divorce.

About 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 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.

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.