As per Lawkidunya, Divorce rights in Pakistan are governed by the Muslim Family Laws Ordinance, 1961, and the Pakistan Family Court Act, 1964. Here are some key divorce rights in Pakistan:
Rights of the Wife
1. Khula Divorce: A wife can initiate a khula divorce, where she relinquishes her right to receive maintenance from her husband.
2. Mubarat Divorce: A wife can also initiate a mubarat divorce, which is a mutual divorce agreement between the husband and wife.
3. Maintenance: A wife is entitled to receive maintenance (nafaqa) from her husband during the waiting period (iddat) after divorce.
4. Dower: A wife is entitled to receive her dower (mahr) in full, unless she waives her right to it.
5. Property Rights: A wife has the right to retain any property she brought into the marriage or acquired during the marriage.
6. Custody of Children: A wife has the right to custody of her children, especially in cases where the children are young.
Rights of the Husband
1. Talaq Divorce: A husband can initiate a talaq divorce, which can be revocable or irrevocable.
2. Revocation of Divorce: A husband can revoke a divorce during the waiting period (iddat), unless the divorce is irrevocable (talaq-e-bain).
3. Property Rights: A husband has the right to retain any property he brought into the marriage or acquired during the marriage.
4. Custody of Children: A husband has the right to custody of his children, although this is often determined by the court’s assessment of the best interests of the child.
Children’s Rights
1. Custody: Children have the right to be cared for by a parent or guardian.
2. Maintenance: Children have the right to receive maintenance from their parents.
3. Education: Children have the right to education, and parents are responsible for providing for their education.
Court’s Role
1. Jurisdiction: The court has jurisdiction to grant a divorce, especially in cases where the husband is unwilling to grant a divorce or where the wife is seeking a khula divorce.
2. Mediation: The court may attempt to mediate a reconciliation between the parties before granting a divorce.
3. Protection of Rights: The court is responsible for protecting the rights of all parties involved, including the wife, husband, and children.
