Legal Procedure Of Divorce in Pakistan (2020)

Legal Divorce Procedure in Pakistan with Conjugal Right:

In Conjugal rights against wife, Wife taking plea that she having been divorced and issued Nadra divorce certificate in Pakistan as a result mentioned in divorce deed. Such suit was not maintainable while accepting divorce in Pakistan. Trial Court decreed suit of husband for restitution of conjugal rights on the ground that agreement of wife had failed to prove service of notice of divorce on husband, No issue on question of relationship exist even Nadra divorce certificate in Pakistan is issued after divorce in Pakistan. Advocate nazia made the legal procedure of divorce in Pakistan especially for the females. Because most of the female not know the divorce procedure in Pakistan and divorce process in Pakistan very well.

Sending of notice to Union Committee by wife during divorce in Pakistan was required:

 Wife was held prejudiced relating to defendant against suit for restitution of conjugal rights. Petitioner on account of wrong issue had been denied due opportunity of defense in suit for restitution of conjugal rights." Notice of divorce in Pakistan required by S. 7 Muslim Family Laws Ordinance (1961) is not mandatory. Under injunctions of Islam any divorce in Pakistan and know the divorce procedure in Pakistan pronounced or written by husband cannot be ineffective or invalid in Islam merely because its notice has not been given even if Nadra divorce certificate in Pakistan and nadra divorce certificate from union council is issued.

Maintenance awarded by Arbitration Council:

Maintenance awarded by Arbitration Council without hearing respondent (husband) Validity of Petitioner assailed decision of Chairman Arbitration Council and, dismissal of his revision by District Officer (Revenue). Plea of the petitioner that he divorced the respondent with notice to Nazim concerned and that maintenance was awarded without hearing him & ultimately divorce in Pakistan was issued. Impugned decision speaks that Arbitration Council sent notice to petitioner through registered post and also served through proclamation in the Daily "Ujrat" Writ petition was partly allowed modifying the impugned decision. It was held that no error of approach or jurisdictional jurisdiction has been found in the impugned decision, requiring interference in Constitutional jurisdiction. It was further held that Respondent has been found entitled to maintenance till the divorce in Pakistan became' effective and also for Iddat period till Nadra divorce certificate in Pakistan and Divorce Paper in Pakistan  is issued. Petition partly allowed.

Get Nadra Divorce Certificate After The Divorce:

During divorce in Pakistan husband executed Talaqnama divorcing wife but before the expiry of 90 days and before the Nadra divorce certificate in Pakistan is issued in terms of S. 7(3) he intimated the Chairman that he wanted rather he had withdrawn the notice of divorce in Pakistan whether had become complete an binding and could not be revoked to make it a force according to Hanafi Fiqah before the divorce in Pakistan by husband to the Chairman. And get the nadra divorce certificate in Pakistan And Pakistani divorce paper

After sending notice of divorce in Pakistan issue was not framed by Court in suit for restitution of conjugal rights against wife while taking plea that she having been divorced as a result of agreement and oath mentioned in divorce deed, such suit was not maintainable. While accepting fact of divorce Trial Court decreed suit of husband, for restitution of conjugal rights on the ground that will be failed to prove service of divorce on husband, No issue on question of fact relating to notice to Union Committee by wife. Wile, held, was prejudiced relating to defense against suit for restitution of conjugal rights. Petitioner, on account of wrong issue had been denied due opportunity of defense in suit for restitution of conjugal rights and no Nadra divorce certificate in Pakistan was issued.