Husband’s Right of Divorce or Talaq and the Legal procedure in Pakistan

A husband has the unilateral right of Divorce or talaq and he cannot be alienated from this right but can but can be restricted through the marriage contract also known as nikkahnama. As per Muslim Personal Law and under section 7 of the Muslim Family Law Ordinance the husband can pronounces talaq orally as well as by way of Deed of Divorce.

Husband is duty bound to send written notice by registered post to the Union Council or concerned government office in charge for issuance of divorce certificates. In the said notice the husband must mention the address of his ex- wife, thereby enabling the government office to issue notices to her by registered post and it shall constitutes arbitration Council within 30 days of receipt of notice for the purpose of reconciliation and settlement if possible.

This legislation was introduced to protect women from an instant and unrecorded divorce. Earlier cases were recorded where woman who was not properly divorced and who later remarried could be punished for bigamy and sentenced up to 7 years (or up to 10 years if she concealed the previous marriage) and only on the complaint of her first husband as there was no proof of dissolution of marriage. Therefore, this legislation was enacted to protect a woman who re-marries from a frivolous criminal case and sentencing. hence it is vital for a woman to be absolutely clear about her marital status and to have documentary proof that she is properly divorced.

Notice of talaq can be served on a wife with permission of concerned government office through her father, mother, adult brother or sister – but no other relatives. If this is not possible because her whereabouts are not known and notice cannot be served on her through her immediate family, the husband can still serve notice through a newspaper approved by the concerned government office.

It is important to receive a notice from the concerned union council, whereas it has been reported that in some cases families have refused to receive notices, fearing that it is a notice of talaq and hence talaq will not become effective. This practice could lead to unfavorable results as service of notice can be done by way of publication in the newspaper hence refusal to receive notice of talaq is merely an attempt to act like an ostrich.

Once the iddat period which is 90 days from the date the concerned government office receives the talaq notice is over, the office will issue a certificate of Talaq being effective to the husband and wife. Please note that talaq is not effective until the expiry of iddat period and failure to abide by law will cause a simple imprisonment for up to one year and/or a fine of up to Rs. 5000/-, hence the Importance of Registered notice of Talaq A verbal talaq is not recognised by law and the husband’s failure to send written notice to the government office is treated as no divorce in law. However it is also important to note that as per Islamic scholars, divorce once pronounced by the husband and khula once obtained from the court of law is effective and binding.

Please Visit us for Free Legal Consultancy www.almeezanlaw.com