Auteur HaAqsa | Dernière modification 21/06/2024 par HaAqsa
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Law & Procedure of Divorce in Pakistan Creation
Divorce law in Pakistan provides a framework for legally ending a marriage. It is crucial for both spouses to understand their rights and the steps involved in the divorce process to ensure a fair and smooth dissolution of marriage. This article outlines the divorce law in Pakistan, the procedure of divorce, and the divorce procedure for overseas Pakistanis.
Divorce law in Pakistan is primarily governed by the Muslim Family Laws Ordinance of 1961 and the Family Courts Act of 1964. These laws provide the legal basis for divorce and outline the rights and responsibilities of both spouses. Key aspects of divorce law in Pakistan include:
The procedure of divorce in Pakistan involves several steps to ensure that the process is conducted legally and fairly. Here is a detailed overview:
Notice of Talaq: The husband initiates the divorce by pronouncing Talaq and providing a written notice to the Union Council. The notice must be delivered to the wife as well.
Arbitration Council: The Union Council forms an Arbitration Council to facilitate reconciliation efforts. Both spouses are given the opportunity to resolve their differences during this period.
Waiting Period: If reconciliation efforts fail, the divorce will become effective after a waiting period of 90 days from the date the notice was received by the Union Council.
Issuance of Divorce Certificate: After the waiting period, the Union Council registers the divorce and issues a Divorce Certificate in Pakistan, which serves as official proof of the dissolution of marriage.
For Khula, the procedure is as follows:
Overseas Pakistanis seeking a divorce must follow the same legal procedures as residents, but there are additional considerations:
In conclusion, understanding the law and procedure of divorce in Pakistan is essential for both spouses to ensure a fair and legally compliant dissolution of marriage. Whether residing in Pakistan or abroad, following the correct legal steps and obtaining the necessary documentation, such as the divorce certificate, is crucial for the divorce to be recognized and valid.
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