What is the process of divorce in Pakistan?
Introduction:
The process of divorce in Pakistan is very simple. In fact, it is much simpler than the procedure for a similar formality in other countries. Divorce is legally done under the Civil Law of Pakistan and can be completed by an application to a District Bar Association or Sub-ordinate court.
Divorce in Pakistan is a big legal issue that involves couples preparing themselves to file divorce petitions. It is an immense process that comprises long and difficult periods of time. So, what is the divorce process in Pakistan? Read on to know more about it with help from legal experts.
The process of divorce in Pakistan
The process of divorce in Pakistan is quite simple. The couple must go to a Family Court and request a divorce. This is considered to be a public court and the proceedings are open to the public. The court will then decide on the terms of the divorce and then give notice to both parties. If both parties do not agree with the terms, they can go back to court and request another hearing.
Note: In Pakistan, it is possible for a woman to file for divorce even if her husband has not divorced her yet or if she wants to change her name after marriage. A woman who files for divorce does not have any of the rights that men have under Islamic law when they file for divorce.
The process of divorce in Pakistan is similar to that of other Muslim countries. However, there are some important differences.
The Islamic laws of divorce do not allow the husband to take unilateral action by divorcing his wife. He needs the permission of the wife and her family. If he fails to get this permission, he cannot divorce her.
The husband has to file a petition before a court of law for divorce. The court will then hear both sides and give its verdict after hearing both parties. The decision will be binding on both parties and cannot be appealed further by either party.
In Pakistan, the divorce process is governed by a law called the “Muslim Family Laws Ordinance” or “MFLO”. This law is based on the Shari’ah and deals with marriage, divorce, maintenance, and custody of children.
The MFLO is a special law for Muslims only. Non-Muslims need to go through the civil courts to get divorced. However, in Pakistan, Muslim women cannot file for divorce on their own. They have to seek permission from their husbands first.
The MFLO provides for two types of divorces: talaq-e-bidder (unilateral) and talaq-e-Azam (mutual). Both are considered valid under Islamic law. The former is valid if it is pronounced by one husband after separation or divorce; while the latter requires two pronouncements by both parties before they can be considered legally divorced.
Conclusion:
If you are confused about the process, let me tell you that it is not a big deal, yet there are rules and procedures which will help you to receive a divorce easily. Divorce in Pakistan is governed by The Qanun-e-Shahadat 1984 under Muslim Family Laws Ordinance 1961. I will not make your reading boring, so check the full article on our website to know more.
In Pakistan, the process of getting a divorce is generally easier than in the United States. In fact, it is simpler than getting married in Pakistan. Both men and women have reasons to be happy about this particular aspect of the laws there. It can take from two weeks to six months to process a divorce in Pakistan, depending on the circumstances.
