Couples are made in the heavens and marriages occur on Earth. But, not all marriages work out really well. There are some never-ending disputes that disturb the couple physically, emotionally, and psychologically. Marriage is a contract like any other contract. Muslims marry according to Shariah (the law of Islam). Like any other contract, the contract of marriage can also dissolve through a divorce. Here is all the information about how to file a divorce in Pakistan.
If one of the spouses dies, the contract automatically breaks. But, the couple has legal and religious right to end a marriage when they do not feel like keeping up with it.
A husband has a right to Talaq his wife but Nikkahnama restricts it. A wife can also end a marriage if her husband has given her the right to divorce in Nikkahnama.
Need to Apply for a Divorce Certificate in Pakistan
No matter, how the couple ends a marriage, it is vital to follow the legal procedures. Else, talaq can cause some major issues for the couple, especially the wife. If legal procedures are not met, the problems of bigamy or Zina can be raised upon a woman. Her case to file for Haq Mehr and the paternity of children will be weak. It is important for women to file for a divorce certificate and keep it safe.
Divorce law in Pakistan is under the Muslim Family Law Ordinance. A divorce can occur verbally by the husband. Once he says it, the marriage dissolves. But, the written proof is a must for both.
How to File a Divorce in Pakistan?
The husband pronounces the talaq. He has to send a written notice to the union Council with the address of his ex-wife. The Union council then sends the copy to the wife by registered post. Once the Iddat period (90 days) ends, Union Council sends the divorce certificate to the husband and wife.
If the husband has not sent a written notice of talaq, the talaq remains ineffective by law. The divorce law is influential to protect women from the accusations of Zina or Bigamy. Since 1979, it is important for a woman to know her marital status through a legal procedure so she can evade further legal procedures.
Notice of Talaq is sent to a woman through her father, mother, adult brother, sister, or any other relative. If the wife does not have any relatives, the husband can send a talaq through the newspaper. It is important to note that if the relatives do not accept the talaq notice, the husband can divorce her through newspaper and the woman may be unknown of the fact.
Talaq-i-Tafweez and Mubarat (Mutual Divorce)
The couple can divorce through mutual understanding. This case involves fewer legal procedures. In this case, they have to sign a mutual divorce deed and send a written record to the concerned Union Council under Section 8 of the Muslim Family Law Ordinance.
Steps to Get a Divorce Certificate
NADRA has the responsibility to issue all kinds of certificates to the citizens. A divorce certificate is one of the certificates issued by NADRA. The filer has to follow the given steps.
- Provide the legal documents.
- Prepare the application for a divorce certificate
- File the application of divorce certificate in court
- After proceedings, you will get the official document.
