Divorce Laws in Pakistan
There has been an increase in divorce cases all across the country, and people do not know the laws that govern the process of divorce. For this reason, in our article, we are going to explain the different divorce laws that the courts follow in Pakistan.
Divorce laws in Pakistan that you need to know about
Islamic laws:
As a Muslim country the divorce laws in Pakistan courts are influenced by Islam. All the rules regarding divorce are based on the teachings of Islam. However, these laws only apply to Muslims, and the court has separate rules for non-muslims.As per Islamic laws, the court recognizes three kinds of Muslim divorce:
Talaq:
It is initiated by the husband or, in some cases, by the wife if she already has the right to divorce. This can be done verbally or in the form of a divorce notice.
Khula:
This kind of divorce can only be initiated by the wife if she finds it impossible to live with her husband. However, she must have a solid reason for doing so; otherwise, the court will not issue a divorce.
Mubarat:
Unlike the above-mentioned kinds, this divorce is done with the mutual consent of both parties. Both of them decide and agree on the terms and conditions of their divorce, and no one has been forced to make this decision.If they have a valid reason and do not want to continue the marriage, the court can not reject their petition and will issue a divorce.In all these types of divorces, there are a few other matters like child custody, maintenance, and division of assets that will be dealt with as per the court’s rules.
Family Laws Ordinance, 1961:
Pakistan is home to minorities like Hindus and Christians. So, their family matters come under the Family Laws Ordinance 1961. Minorities can get separated or divorced as per the rules mentioned in the Family Laws Ordinance 1961. These laws will govern all the court proceedings and hearings for non-Muslim divorces.In addition, matters like child custody in divorce cases are dealt with under the Guardians and Wards Act 1890.In conclusion, Pakistan has separate laws for Muslims and non-Muslims as per the difference in ethnicity. However, all these divorces ought to be registered with the local Union Council or Municipal Corporation. Registration of marriages facilitates the documentation of divorce proceedings and ensures legal recognition of the divorce.