Legal Procedure of Talaq / Divorce in Pakistan | Dissolution of Marriage
Channel: FAKHR E PAKISTAN 
Date: 29/08/2021

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.