Legal Way to Get the Divorce in Pakistan

Divorce In Pakistan As Per Muhammadan Law:

As per Muhammadan Law and Constitution of Pakistan (1973), Art. 185(3) Inheritances by widow divorce in Pakistan pronounced by husband three days before his death. Mutation of succession certificate in Pakistan sanctioned after expiry of 90 days. Effect of husband divorcing wife three days before his death, Mutation of succession certificate in Pakistan sanctioned after expiry of 90 days. Question arising whether widow was entitled to, inherit property of deceased husband. Notwithstanding deceased having pronounced divorce in Pakistan before his death it had not become effective before expiry of 90, days and succession certificate in Pakistan opened immediately on his death. On that day divorce in Pakistan not having become effective, widow held entitled to inherit property of her deceased husband and succession certificate in Pakistan to be issued

Divorce In Pakistan:

During divorce in Pakistan notice sent by husband to wife becomes effective on expiry of ninety days after it was received by Chairman and ultimately divorce certificate in Pakistan will be issued. Observation or remarks made by Chairman to contrary have no legal effect. During divorce in Pakistan on grounds of cruelty, misappropriation of dowry and Khula in Pakistan the trial Court while decreeing wife's suit for dissolution of marriage directed that wife would not recover dower which was found not to have been paid by husband to wife; for the marriage was being dissolved on ground of Khula in Pakistan also same order was passed with regard to the claim of wife for maintenance. Wife succeeded in establishing her entitlement of dissolution of marriage on grounds of cruelty, misappropriation and also on Khula in Pakistan. Family Court could not direct her to forego her claim for dower and maintenance in case of khula in Pakistan.

Nadra Divorce Certificate In Pakistan:

In Constitutional petition Nadra divorce certificate in Pakistan was challenged. Marriage ties between the parties having ended in divorce in Pakistan. Petitioner, who was abroad sent first divorce notice to the wife, duly attested by Consular, Embassy of Pakistan copy of which was sent to Chairman Union Council. Second and third notices were also sent and petitioner also appointed his attorney as his representative in conciliation proceedings. Conciliation proceedings were conducted, but on their failure, Nadra divorce certificate in Pakistan was not issued by Chairman Union Council on the ground that divorce deed received by him was doubtful and had not been sent through the Embassy. Original divorce deed on record had been attested by Consular, Embassy of Pakistan. Special Power-of Attorney in favor of attorney of petitioner was also attested by Consular, Embassy of Pakistan, Said documents had negated stand of Chairman Union Council and he had committed illegality floating on the surface of record in holding that document of Divorce in Pakistan and Power-of-Attorney were not attested by the Embassy. Constitutional petition was allowed and order passed by Chairman Union Council was set aside, with the result that proceedings of conciliation would be deemed to be pending before the Chairman, who would decide same afresh within specific time and issue Nadra divorce certificate in Pakistan.

No notice of alleged divorce in Pakistan was given to Chairman of Local Council. No notice alleged divorce in Pakistan having been given to the Chairman of Local Council as required by S. 7, Muslim Family Laws Ordinance. 1961, Divorce would not become effective. Person having pronounced divorce in Pakistan in any form was required to give Chairman a written notice of his having done so and would supply copy thereof to the write. Such notice of divorce to wife was a requirement of law and was mandatory. Absence of intimation to write about notice of divorce to Chairman would suspend the count of days till wife would get copy of notice or intimation thereof. In absence of proof of delivery of copy of divorce deed to wife, she would be deemed to have got intimation or notice about divorce deed only when defendant would make disclosure about it in his written statement and same is the case in khula in Pakistan.

About Divorce Procedure :

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