As per Lawkidunya, Pakistan divorce laws for women are governed by the Muslim Family Laws Ordinance, 1961, and the Pakistan Family Court Act, 1964. Here are some key aspects of Pakistan divorce laws for women:
Types of Divorce
1. Khula Divorce: A woman can initiate a khula divorce, where she relinquishes her right to receive maintenance from her husband.
2. Mubarat Divorce: A woman can also initiate a mubarat divorce, which is a mutual divorce agreement between the husband and wife.
3. Talaq-e-Tafweez: A woman can also delegate her right to divorce to her husband or a third party, known as talaq-e-tafweez.
Rights of Women
1. Maintenance: A woman is entitled to receive maintenance (nafaqa) from her husband during the waiting period (iddat) after divorce.
2. Dower: A woman is entitled to receive her dower (mahr) in full, unless she waives her right to it.
3. Property Rights: A woman has the right to retain any property she brought into the marriage or acquired during the marriage.
4. Custody of Children: A woman has the right to custody of her children, especially in cases where the children are young.
Procedure for Divorce
1. Notice of Divorce: A woman must provide written notice of divorce to her husband 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 woman is pregnant.
4. Certification: The divorce must be certified by a court of law or a non-judicial administrative entity.
Challenges Faced by Women
1. Social Stigma: Women who initiate divorce may face social stigma and ostracism.
2. Financial Constraints: Women may face financial constraints in pursuing a divorce.
3. Limited Access to Justice: Women may have limited access to justice due to lack of awareness or resources.
Reforms and Initiatives
1. Muslim Family Laws Ordinance, 1961: This law provides for the protection of women’s rights in divorce.
2. Pakistan Family Court Act, 1964: This law provides for the establishment of family courts to handle divorce cases.
3. Women’s Protection Act, 2006: This law provides for the protection of women’s rights in various areas, including divorce.
Please note that Pakistan divorce laws for women can be complex and nuanced, and this summary is not exhaustive. It’s recommended to consult with a qualified lawyer or legal expert for specific guidance.