Procedure of Divorce in Pakistan: A Complete Guide
The divorce procedure in Pakistan is governed by Islamic principles and Divorce Law in Pakistan, ensuring a systematic and fair approach for the dissolution of marriage. This guide provides detailed insights into the divorce process in Pakistan, its requirements, and steps for both residents and overseas Pakistanis.
Types of Divorce in Pakistan
In Pakistan, there are different forms of divorce based on Islamic law:
- Talaq (Divorce by Husband): The husband pronounces divorce.
- Khula (Divorce by Wife): Initiated by the wife through the court, usually involving the surrender of Haq Mehr (dower).
- Mubarat (Mutual Divorce): Both parties agree to dissolve the marriage amicably.
Step-by-Step Divorce Procedure in Pakistan
1. Filing the Divorce Application Form in Pakistan
The process begins with the submission of a divorce application form in Pakistan to the local Union Council. This form serves as a legal declaration of intent to dissolve the marriage.
2. Issuance of Notice to the Other Party
Once the application is submitted, the Union Council issues a legal notice to the other party, informing them of the divorce proceedings.
3. Reconciliation Process
Under Divorce Law in Pakistan, the Union Council arranges reconciliation meetings between the spouses to resolve conflicts and prevent divorce, if possible. If reconciliation fails, the process continues.
4. Confirmation of Divorce
If no agreement is reached, the Union Council confirms the divorce after a mandatory waiting period (Iddah), typically lasting 90 days. The divorce certificate is then issued.
Divorce Procedure for Overseas Pakistanis
The Khula procedure for overseas Pakistanis is slightly different due to their location. Overseas Pakistanis can appoint a legal representative through a power of attorney to manage the process in Pakistan. This ensures the divorce proceedings comply with Pakistani law while saving time and travel costs.
Divorce Fees in Pakistan
The divorce fees in Pakistan vary depending on the case complexity and lawyer’s charges. For Talaq, the costs are relatively low, while Khula or contested divorces may involve higher legal fees due to court proceedings.
Key Aspects of Divorce Law in Pakistan
- Legal Framework: Governed by the Muslim Family Laws Ordinance, 1961, and Islamic principles.
- Child Custody: Divorce does not automatically determine child custody, which is handled separately under Pakistani Family Law.
- Documentation: Key documents include the marriage certificate (Nikah Nama), CNIC copies, and proof of reconciliation attempts.
FAQs About Divorce in Pakistan
1. How does the divorce process in Pakistan work?
The process involves filing an application, reconciliation efforts, and issuance of a divorce certificate after a waiting period.
2. What is the divorce procedure for overseas Pakistanis?
Overseas Pakistanis can proceed with divorce by appointing a lawyer through a power of attorney to represent them in Pakistan.
3. What are the fees for divorce in Pakistan?
Divorce fees depend on the type of divorce and legal representation involved. Consult a lawyer for an accurate estimate.
4. How long does the divorce process take in Pakistan?
The process typically takes 90 days, including the waiting period for reconciliation.
Conclusion
The Talaq procedure in Pakistan ensures fairness and adherence to Islamic principles, providing a structured approach to dissolving marriage. Whether you are residing in Pakistan or abroad, understanding the process and legal requirements is essential for a smooth resolution. For expert assistance, consult a family lawyer to guide you through the divorce process in Pakistan efficiently.
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