Resource: Divorce & Family Law Procedures

Divorce & Family Law Procedures

5 Min Read Muslim Family Laws Ordinance 1961

Family law matters are emotionally challenging and legally technical. Understanding the correct legal procedures for Divorce (Talaq), Khula, and Custody is essential to ensuring a fair resolution under Pakistani law.

Overseas Pakistanis: You do not need to be physically present in Pakistan to process a divorce or khula. We can manage the entire procedure via Power of Attorney.

1. Procedure for Divorce (Talaq) by Husband

Under Muslim Family Laws Ordinance 1961, simply pronouncing Talaq verbally is not sufficient for legal documentation. The following procedure must be followed to obtain a Divorce Certificate.

A
Pronouncement & Notice

The husband pronounces Talaq and must send a written notice to the Union Council (UC) of the wife's residence. A copy of this notice must also be sent to the wife.

B
Reconciliation Proceedings

The Union Council forms an Arbitration Council. Notices are sent to both parties to appear for reconciliation efforts within 90 days (Iddat period).

C
Divorce Effectiveness

If reconciliation fails or the parties do not appear, the divorce becomes effective after 90 days. The UC then issues the official NADRA Divorce Certificate.

2. Procedure for Khula (Divorce by Wife)

If a wife wishes to separate and the husband is unwilling to give Talaq, she can file a suit for Dissolution of Marriage (Khula) in the Family Court.

  • Filing the Suit: The wife files a case in Family Court stating she can no longer live with her husband within the limits prescribed by Allah.
  • Pre-Trial Reconciliation: The court will attempt to reconcile the couple. If the wife refuses reconciliation, the court is bound to grant Khula.
  • Return of Haq Mehr: In Khula cases, the wife is usually required to return the Haq Mehr (dower amount) she received from the husband.
  • Decree: The court issues a decree of dissolution of marriage, which is then submitted to the Union Council for the issuance of the certificate.

3. Child Custody & Guardianship

In the event of separation, the welfare of the minor is the paramount consideration for the court.

Hizanat (Physical Custody)

Generally, under Islamic law (Hanafi school), the mother has the right to custody of a son until age 7 and a daughter until puberty. However, the court can deviate from this if it is proven that the mother is unfit or if it is in the best interest of the child.

Visitation Rights

The non-custodial parent (usually the father) is granted visitation rights to meet the children at scheduled times (e.g., weekends or court premises).

4. Maintenance (Kharcha)

A father is legally obligated to provide maintenance for his children regardless of who has custody. A wife is also entitled to maintenance during the marriage and the Iddat period after divorce. If not paid, a suit for recovery of maintenance can be filed.

Family Matters Require Sensitivity

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