Advocate Ch Shahid Bhalli

Pakistan Divorce Rules, Types of Divorce and Procedure of Divorce

As per Lawkidunya, Here are the Pakistan divorce rules:

Types of Divorce in Pakistan

1. Talaq-e-Ahsan: A single pronouncement of divorce made during a tuhr (period between menstruations), followed by abstinence from physical relations with the wife until the end of the iddat period.
2. Talaq-e-Hasan: Three pronouncements of divorce made during successive tuhrs, without physical relations with the wife during this period.
3. Talaq-e-Biddat: A divorce where three pronouncements are made in one sitting, considered irrevocable.
4. Khula: A divorce initiated by the wife, where she relinquishes her right to receive maintenance from her husband.
5. Mubarat: A mutual divorce agreement between the husband and wife.

Divorce Procedure in Pakistan

1. Notice of Divorce: The husband must provide written notice of divorce (talaqnama) to the Chairman of the Union Council or a Notary Public.
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.

Rights of the Wife

1. Maintenance: The husband is required to provide maintenance (nafaqa) to his wife during the waiting period.
2. Dower: The wife is entitled to receive her dower (mahr) in full, unless she waives her right to it.
3. Property Rights: The wife has the right to retain any property she brought into the marriage or acquired during the marriage.

Rights of the Husband

1. Revocation of Divorce: The husband can revoke the divorce during the waiting period, unless the divorce is irrevocable (talaq-e-bain).
2. Property Rights: The husband has the right to retain any property he brought into the marriage or acquired during the marriage.

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.

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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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