As per Lawkidunya, Pakistan divorce rules for non-resident Pakistanis are governed by the Muslim Family Laws Ordinance, 1961, and the Foreigners’ (Marriage and Divorce) Ordinance, 1971. Here are some key aspects:
Types of Divorce
1. Talaq: A divorce initiated by the husband, which can be revocable or irrevocable.
2. Khula: A divorce initiated by the wife, where she relinquishes her right to receive maintenance from her husband.
3. Mubarat: A mutual divorce agreement between the husband and wife.
Applicable Laws
1. Muslim Family Laws Ordinance, 1961: Applies to Muslim non-resident Pakistanis, governing divorce, maintenance, and child custody.
2. Foreigners’ (Marriage and Divorce) Ordinance, 1971: Regulates marriage and divorce of non-resident Pakistanis.
Divorce Procedure
1. Filing a Petition: The divorce petition must be filed in the relevant family court in Pakistan.
2. Notice of Divorce: The respondent (other spouse) must be served with a notice of divorce.
3. Arbitration Council: The court may refer the case to an Arbitration Council for reconciliation.
4. Divorce Decree: If reconciliation fails, the court will issue a divorce decree.
Key Considerations for Non-Resident Pakistanis
1. Jurisdiction: Pakistan courts may have jurisdiction over divorce cases involving non-resident Pakistanis if one spouse is a Pakistani citizen or resident.
2. Domicile: Non-resident Pakistanis must establish domicile in Pakistan to file for divorce.
3. Law of the Country of Residence: Non-resident Pakistanis may also be subject to the divorce laws of their country of residence.
4. Child Custody: Child custody disputes are governed by the Guardian and Wards Act, 1890.
Documents Required
1. Marriage Certificate: A certified copy of the marriage certificate.
2. Passport: A valid passport.
3. NICOP: A National Identity Card for Overseas Pakistanis (NICOP) if applicable.
4. Divorce Petition: A duly filled and signed divorce petition.
Timeframe and Fees
1. Divorce Proceedings: Typically take 6-12 months.
2. Court Fees: Vary depending on the court and the complexity of the case.
3. Lawyer Fees: Vary depending on the lawyer’s experience and the complexity of the case.
Important Notes
1. Pakistani Law: Applies to all divorces in Pakistan, regardless of the couple’s nationality.
2. Islamic Principles: Govern divorce proceedings for Muslim couples.
3. Legal Representation: Highly recommended to navigate the complexities of Pakistani divorce law.
