Advocate Ch Shahid Bhalli

Divorce Laws For Men in Pakistan – Responsibilities & Challenges

As per Lawkidunya, Divorce laws for men in Pakistan are governed by the Muslim Family Laws Ordinance, 1961, and the Pakistan Family Court Act, 1964. Here are some key aspects of divorce laws for men in Pakistan:

Types of Divorce in Pakistan

1. Talaq-e-Ahsan: A man can initiate a talaq-e-ahsan divorce, where he pronounces divorce once and then waits for the iddat period to end.
2. Talaq-e-Hasan: A man can initiate a talaq-e-hasan divorce, where he pronounces divorce three times in three consecutive tuhrs (periods between menstruations).
3. Talaq-e-Biddat: A man can initiate a talaq-e-biddat divorce, where he pronounces divorce three times in one sitting. However, this type of divorce is considered irrevocable and is not recommended.

Rights of Men in Pakistan

1. Right to Divorce: A man has the right to initiate divorce, but he must follow the prescribed procedures.
2. Right to Custody of Children: A man has the right to custody of his children, especially if the children are old enough to make their own decisions.
3. Right to Property: A man has the right to retain his property and assets after divorce.

Procedure For Divorce in Pakistan

1. Notice of Divorce: A man must provide written notice of divorce to his wife or the Chairman of the Union Council.
2. Arbitration Council: The Chairman of the Union Council will attempt to reconcile the couple through an Arbitration Council.
3. Waiting Period: A 90-day waiting period (iddat) is required before the divorce is finalized, unless the wife is pregnant.
4. Certification: The divorce must be certified by a court of law or a non-judicial administrative entity.

Responsibilities of Men in Pakistan

1. Maintenance: A man is responsible for providing maintenance (nafaqa) to his wife and children during the iddat period.
2. Dower: A man is responsible for paying his wife’s dower (mahr) in full, unless she waives her right to it.
3. Child Support: A man is responsible for providing child support to his children after divorce.

Challenges Faced by Men in Pakistan

1. Social Stigma: Men who initiate divorce may face social stigma and ostracism.
2. Financial Constraints: Men may face financial constraints in providing maintenance and child support.
3. Limited Access to Justice: Men may have limited access to justice due to lack of awareness or resources.

Reforms and Initiatives in Pakistan

1. Muslim Family Laws Ordinance, 1961: This law provides for the protection of men’s rights in divorce.
2. Pakistan Family Court Act, 1964: This law provides for the establishment of family courts to handle divorce cases.
3. Men’s Rights Activism: There are various men’s rights activism groups in Pakistan that provide support and advocacy for men’s rights in divorce.

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Ch Muhammad Shahid Bhalli

I am a more than 9-year experienced professional lawyer focused on UK Tax laws, income tax and VAT in UK. I simplify complex legal topics to help
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