Divorce laws in Pakistan are rooted in Islamic law, but they also incorporate civil regulations. The legal process, which is sensitive and intricate, involves various provisions to protect the rights of both spouses, particularly women. In Pakistan, divorce is governed by different legal frameworks, including the Muslim Family Laws Ordinance 1961 and the Dissolution of Muslim Marriages Act 1939.
This article will explore the divorce process, rights of the wife after divorce, the triple divorce law, and the cost of divorce in Lahore. We will also answer frequently asked questions (FAQs) to provide a deeper understanding of divorce laws in Pakistan.
Understanding Divorce in Pakistan
Types of Divorce
In Pakistan, there are two primary types of divorce:
Talaq (Divorce by Husband):
Talaq is the unilateral right of the husband to divorce his wife. However, under the Muslim Family Laws Ordinance of 1961, the husband is required to send a divorce notice to the Union Council (local governing body) after pronouncing talaq. This law ensures that the wife is informed of the divorce and provides her with a chance to seek legal assistance.
A husband can pronounce talaq in one sitting (triple talaq) or in several sittings, spaced out to give the couple time to reconcile.
Khula (Divorce by Wife):
In Khula, a wife can seek divorce, but she must petition the court. The wife may be required to return the dowry (mahr) or any gifts given by her husband. The court evaluates her reasons for seeking a divorce and makes a decision based on Islamic principles and civil law.
Faskh (Annulment by Court):
A court can annul a marriage under specific circumstances such as non-fulfillment of marital obligations or serious defects in the marriage, like impotence or abuse.
How to Send Divorce Notice to Wife in Pakistan
To initiate the divorce process in Pakistan, the husband must send a divorce notice to his wife. The notice must be in writing and should be sent to her in a manner that ensures she receives it, such as through registered post or delivery by hand with proof of receipt. Under Section 7 of the Muslim Family Laws Ordinance, 1961, the husband is required to file the divorce with the Union Council within 30 days of pronouncing talaq.
Step 1: Pronounce talaq. The husband says "talaq" three times, either in one sitting or spaced out.
Step 2: Send the divorce notice. The notice should be addressed to the wife and sent to her, either by registered mail or through personal delivery.
Step 3: File the divorce with the Union Council. The husband must submit a copy of the divorce notice to the local Union Council to formalize the divorce.
After this process, the Union Council is responsible for notifying the wife of the divorce and initiating the waiting period (iddah), which is typically three menstrual cycles or three months.
Rights of Wife After Divorce in Pakistan
When a woman is divorced in Pakistan, she retains specific rights. These rights aim to provide financial support, psychological protection, and legal security. Some key rights include:
Mahr (Dowry):
The wife is entitled to mahr, a sum agreed upon at the time of marriage. This is her personal property, and the husband cannot deny her the right to claim it.
Iddah (Waiting Period):
After divorce, the wife must observe a waiting period (iddah) during which she cannot remarry. This period lasts for three menstrual cycles or three months. The iddah period allows for reconciliation and ensures that the woman is not pregnant with the husband's child.
Financial Support:
During the iddah period, the husband is required to provide maintenance to his ex-wife. This includes shelter, food, and basic living expenses.
Child Custody:
The wife generally has custody of minor children, particularly if they are under the age of seven. However, custody arrangements can be modified depending on the circumstances and the best interests of the child.
Right to Seek Alimony:
A woman may claim alimony or maintenance if she is financially dependent on her ex-husband.
Inheritance Rights:
A divorced woman retains the right to inherit from her ex-husband's estate, provided he passed away within the waiting period.
Triple Divorce Law in Pakistan
The Triple Talaq Law refers to the practice of the husband pronouncing talaq three times in one sitting, thus ending the marriage immediately. This practice has been controversial in many Muslim countries, including Pakistan.
In 2018, the Muslim Family Laws Ordinance was amended to address the issue of triple talaq. Now, for a talaq to be valid, it must be done in accordance with the procedure set by law, which involves pronouncing talaq once, followed by a waiting period during which reconciliation can be attempted. If the husband pronounces talaq three times in one sitting, it is not immediately effective, and the wife may approach the court for a ruling. The court may either annul the talaq or ask the husband to go through the legal procedure of divorce.
Cost of Divorce in Lahore
The cost of a divorce in Lahore can vary based on the complexity of the case and whether it is contested or uncontested.
Uncontested Divorce: If both parties agree to the divorce and have no disagreements over matters like child custody or maintenance, the cost can be lower. Typically, it involves lawyer fees for filing documents and attending hearings, which can range from PKR 10,000 to PKR 50,000.
Contested Divorce: A contested divorce, where one party does not agree to the divorce or there are disputes regarding property, custody, or maintenance, will incur higher costs. The lawyer’s fee for contested cases may range from PKR 50,000 to PKR 150,000, depending on the case's complexity.
Additional costs can include court fees, medical reports, or expert witnesses.
Conclusion
Divorce laws in Pakistan are designed to safeguard the rights of both spouses. The legal framework offers women specific protections, especially concerning financial support, child custody, and inheritance. While the divorce process may seem daunting, understanding the legal requirements and seeking proper legal counsel can help ease the process. Additionally, costs associated with divorce vary based on whether the divorce is contested or uncontested, and these should be considered when planning for a divorce.
FAQs About Divorce Laws in Pakistan
How long does a divorce take in Pakistan?
The duration of a divorce can vary. An uncontested divorce might take anywhere from a few weeks to a couple of months. A contested divorce can take up to a year or more, depending on the complexity of the case and court schedules.
Can a woman get a divorce without her husband's consent in Pakistan?
Yes, a woman can seek a divorce through Khula without her husband's consent. However, she may have to return her mahr or any gifts received during the marriage.
What happens if a husband pronounces triple talaq in Pakistan?
The pronouncement of triple talaq is not immediately effective. The husband must follow the legal process of divorce, which includes sending a divorce notice and going through the waiting period.
Can a woman remarry after divorce in Pakistan?
A woman can remarry after the iddah period ends, but only if she is not pregnant from the previous marriage. If she is pregnant, the iddah period lasts until the child is born.
What is the role of the Union Council in divorce proceedings?
The Union Council is responsible for receiving the divorce notice, notifying the wife, and ensuring that the proper legal procedures are followed. They also oversee the iddah period.
For Informational: Burhan Law
