The Legal Procedure Of Divorce in Pakistan (2020)

Validity Of Divorce Procedure In Pakistan:

Chairman Arbitration Council had no authority to adjudicate upon validity or otherwise of divorce pronounced by husband or his delegate (wife). Arbitration Council was constituted only for purpose of bringing about reconciliation between parties and in event of its failure, divorce procedure in Pakistan and procedure of divorce in Pakistan ipso facto, would become effective on expiry of 90 days of receipt of notice under S. 7 of Muslim Family Laws Ordinance, 1961 but Nadra divorce certificate in Pakistan and divorce paper in Pakistan  will be required as a proof. Wife in exercise of her said right issued notice to Chairman Union Council. Chairman was duty bound to constitute Arbitration Council and proceed in accordance with provisions and he had no right to declare right of divorce process in Pakistan through Taftweez as un-Islamic, unlawful and against Injunctions of Qur'an and Sunnah. Since wife in case, had issued notice to Chairman Union Council, who constituted Arbitration Council, but compromise could not be effected between parties, no option was left with Arbitration Council, but to declare that Arbitration proceedings had failed.

Divorce by mubaraat:

Provisions of S. 7 are inapplicable to divorce by mubaraat. In Such Case, Chairman union Council has no option but to Nadra divorce certificate in Pakistan about revocation or marriage through divorce in Pakistan and issue divorce certificate in Pakistan after the expiry of 90 days, unless it was revoked by husband or wife exercising her right of Talq e Tafweez.

Muslim Law Ordinace:

Section 7 of Muslim Family Laws Ordinance, 1961 specifically provided such Talaq which was known as Talaq-e-Taweez. Person to whom power delegate said power to wife or to third person, either absolutely or conditionally could then pronounce same accordingly. Temporary delegation of power was irrevocable, but a permanent delegation could be revoked. Such delegation of option called Tafweez by husband to his wife would confer on her power of divorcing herself. Said "Tafweez was of three kinds.

Nadra Divorce Certificate:

And after the talaq and divorce get nadra divorce certificate in Pakistan. 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 she would sue after she had given effect to it to make husband liable for dower or to restrain him from seeking conjugal relations. Wife was entitled to exercise her right of Tafweez of Talaq' and she was entitled to be separated from her husband and get Nadra divorce certificate in Pakistan issued.

Husband divorced his wife and sent a notice to Chairman Arbitration Council. Proceedings were initiated on the notice and resultantly Nadra divorce certificate in Pakistan was issued by the Chairman. During the pendency of appeal against judgment and decree passed against the husband in the suit for maintenance filed by the wife, the husband asserted that the divorce was not effective.  If the husband was aggrieved by any action of the Chairman Arbitration Council, he could have earlier, challenged the same or refused to obey his directions but the husband had duly complied with the directions passed by the Chairman, issued notice of divorce and did not challenge the omission on any action earlier. Husband was estopped by his conduct. Omission on action taken on the divorce in Pakistan at the time when maintenance decree was passed against the husband and appeal against the same was pending adjudication before the Appellate Court, the Constitutional petition suffered from laches and it was an afterthought after the maintenance decree had been passed by the competent Court. Petition was dismissed in circumstances and the divorce in Pakistan was conducted as per law.