Procedure of Divorce in Pakistan – Nazia Law Associate

 Copy of notice to Chairman for divorce procedure in Pakistan was sent:

 If any person who wishes to divorce her wife has to give notice in writing of having done so to the Chairman with a copy of notice to the wife in terms of S. 7 of Muslim Family Laws Ordinance, 1961. Advocate Nazia tell the legal procedure of divorce in Pakistan according to the family laws. Procedure of divorce in Pakistan is not a difficult but the divorce process in Pakistan is little long. But you don’t worry every think is ok. Chairman concern means Chairman of Union Council or Town in which wife at the time of pronouncement of divorce in Pakistan was residing and not Chairman in whose Jurisdiction wife subsequently shifted her abode. No provision of transfer of notice of divorce by Chairman Union Council/Town Council either in Muslim Family Laws Ordinance, 1961 or in Rules frame there under and in absence of any such provision transfer of the matter regarding divorce in Pakistan by respondent was also without jurisdiction.

Temporary Delegation of Power of Divorce:

Temporary delegation of power of procedure of divorce in Pakistan was irrevocable, but a permanent delegation of procedure of divorce in Pakistan could be revoked. Such delegation of procedure of divorce in Pakistan option called 'Tafweez by husband to his wife would confer on her power of divorcing herself. Said Tafweez was of three kind’s viz., Ikhtiar, giving her authority to Talak herself; Amr-ba-Yed, leaving the matter in her own hand and Mashiat, giving her the option to do what she liked. All these factors when analyzed would resolve themselves into one, viz., leaving it in her or somebody else's option to do what she or he liked. Wife could not sue to enforce authority alleged to have been given to her, but she would sue after she had given effect to it to make husband liable for dower or to restrain him from seeking conjugal relations.

Divorce Procedure in the Light of Muslim Laws Ordinance:

Divorce in Pakistan pronounced by the husband upon the wife having not been revoked, had become effective after the expiry of ninety days from the date of receipt of notice by administrator or Chairman Arbitration Council in view of S. 7(35), Muslim Family Laws Ordinance, 1961 Chairman of Arbitration Council is empowered merely to bring about reconciliation between parties to a marriage. In Muslim family Law provide the right of women to get the divorce in Pakistan and also know the procedure of divorce in Pakistan.  He has no business to go into notices of questions raised before him in respect of validity of marriage or validity of divorce or delegation of right of pronouncement of divorce in Pakistan. Chairman is not required to give a decision or issue a divorce certificate in Pakistan. He, however, can record if reconciliation efforts had succeeded and person who had pronounced divorce in Pakistan after the procedure of divorce in Pakistan had agreed to revoke it.

 Role of Chairman during procedure of divorce in Pakistan - Does not Render Divorce Ineffective in Islam:

Both title and preamble of Hudood Ordinance disclose real intention of law-maker to bring it in conformity with Injunctions of Islam. Words validly married" occurring in definition of "zina" in section 4 of Hudood Ordinance, have not been defined in Ordinance, therefore, definition will be sought from Injunctions of Islam. It was held that if a court marriage in Pakistan is valid in Islam, it shall be held valid for purpose of Ordinance even though it is not recognized as valid in any other law for time being in force. It was further held that Section 7 of Muslim Family Laws Ordinance cannot affect validity of marriage contracted according to Islam to extent of criminal liability under Hudood Ordinance. Failure to send a notice of talaq to Chairman during procedure of divorce in Pakistan does not render divorce ineffective in Islam. Nadra divorce certificate in Pakistan is issued by Chairman in absence of evidence on record to prove pronouncement of divorce by husband would be ineffective qua inheritance rights of wife after death of husband.

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