In this Article we have replied to most common questions about divorce which usually visitors ask so you will have all the answers in it
Most Common Questions about Divorce in Karachi
Divorce is a usual occurrence in Pakistan but people do not know a lot about the legal protocols and processes involved. For this reason, we have devised this article based on common questions about divorce that Any Pakistani might ask about Divorce.
Can We Get a Divorce Without Hiring a Lawyer?
Yes, you can get a divorce even if you do not hire a lawyer. However, it’s best that you hire a divorce lawyer. The lawyer knows everything and will always have your back in the whole process. From sending a divorce notice to getting your divorce registered he will be with you. If you do not hire a lawyer you can even end up not getting the Divorce if you can not prove that you actually need it in the case of khula.
Can a Woman Initiate The Divorce?
Yes a woman can initiate the divorce only if she has been given that right before. A woman can ask for a divorce right before her nikah and can add the divorce right clause in her nikah nama.
What are Three Different Types of Divorces in Pakistan?
- Talaq:
Initiated by the husband and then registered through the court
- Mubarat:
initiated by both husband and wife with mutual consent
- Khula:
Initiated by the wife and then registered in court
What is the Legal Ground for Khula?
Khula needs to be initiated on solid legal grounds including
- If the husband is abusive
- If the husband is disabled
- If the husband is mentally disabled
What to do if the court rejects the Khula?
The wife can challenge the court’s decision if the court doesn’t grant the khula.
Who will take custody of the child after divorce?
Both husband and wife can take up the custody of the kids. They can either decide it by mutual understanding or the court will decide who will take custody based on the guardian and wards act.
Can the couple reconcile after sending the divorce notice?
Yes, the couple can reconcile even if the court receives a divorce notice. The court will call them and give them time to reconcile. If they do want to live together they can before the reconciliation period is over.
Can the couple reconcile after the submission of the divorce deed?
No, the couple can not reconcile once the divorce deed has been signed as it has all the details of the divorce. Once it’s submitted the divorce officially happens.