International divorce in Pakistan

International Divorce Law in Pakistan.

According to international divorce law in Pakistan. If a Pakistani living abroad seeks to divorce spouse. He must contact the Pakistani embassy or consulate in his/her country of stay. Meanwhile, a divorce application should be prepared and submitted with the office. Moreover, the copy of the same must be sent to the union council and the spouse. Furthermore, an attorney must be appointed. He should have a written power of attorney to represent.

Most Importantly,There is a forum for reconciliation between the spouses under Muslim Family Laws Ordinance, 1961. One can visit Pakistani Mission in the countries of their residence. Therefore, the husband should avail this remedy and in case If it is not available. Other competent forum should be approached for relief. Furthermore, High Court directed that husband should approach the Pakistani Mission in the country (abroad) to register, the divorce pronounced by him upon the wife. 

When husband and wife cannot live happily together within the limits prescribed by Almighty Allah. Then they can dissolve their marriage through divorce or khula. The husband can pronounce divorce and wife can file a suit for dissolution of marriage. Moreover, she can also pronounce Talaq. If such right has been conferred upon her. Most importantly, every international divorce or khula case has its own facts, drawbacks, challenges and solutions.

Q: Ways a marriage can be dissolved in Pakistan?

A: Marriage can be dissolved in any of the given ways. Firstly, A divorce by the husband at his will, without the intervention of a court is commonly known as “Talaq.” Secondly, by mutual consent of the husband and wife, without intervention of the court. Thirdly, by a judicial decree at the instance of the court and by the wife in exercise of a contractual right of divorce.

Q. What is meant by “Khula”?

A: Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through the court. To sum up, a woman seeks a “khula” while man gives a “Talaq”.

Q. Whether overseas Pakistanis wives can get online international divorce in Pakistan ?

A: yes, It is possible. Furthermore, contact us for free details.

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Q. Is dissolution of marriage is complete after getting khula from the court?

A: After obtaining Khula decree from the court. Furthermore, you need to file an application before the Chairman Arbitration Council or Union Council. In area of your jurisdiction for obtaining dissolution of marriage certificate.

Q. Grounds available to a wife to get International Divorce in Pakistan according to Law?

A: As per Dissolution of Muslim Marriages Act. A woman is entitled to obtain a decree for the dissolution of her marriage on any one or more grounds.

Whereabouts of the husband not known for four years. Moreover, If he neglected or failed to provide maintenance. Or if is sentenced to imprisonment for a period of seven years or upwards. Husband failed to perform marital obligations for a period of three years. Moreover, Husband was impotent at the time of marriage. He has been insane for two years. Above all, married when she was minor. Husband treats with cruelty. Leads an infamous life. Attempts to force her immoral life. Venereal disease. Incurable form of leprosy. Disposes of her property. Obstructs her in observance of her religious practice. Most Importantly, if she cannot live with the husband within the limitation imposed by the Almighty Allah. Beside, there are other grounds available to wife for the dissolution of marriage.

Q: How do I know where my case for international divorce in Pakistan will be filed?

A: Certainly, case is filed where marriage has taken place or where marriage was registered. Moreover, where the defendant is residing. Above all, wife can file a case at the place where she ordinarily resides.

Q: The law for custody of children for divorcing couples in Pakistan?

A: Guardian and Wards Act is the law. Family court can also entertain suit relating to custody of children.  According to Family Courts Act 1964. General rule is that the interest and welfare of the minor child is most important.

Q. What are the rights of wife to property after divorce has taken place in Pakistan?

A: The bridal gifts given to wife in dowry/jahez are the exclusive property of wife during or after the marriage. Upon dissolution of marriage wife is also entitled to claim deferred dower and maintenance during the period of Iddat.

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Q. The procedure to obtain “Khula” (dissolution of marriage) in Pakistan?

A: If wife is not delegated the right of divorce in her nikahnama (marriage contract form). Then she would apply for khula in the court. Therefore, when the wife files a suit for dissolution of marriage. The court issues notice to the opposite party, the husband. Moreover, if he fails to appear after the due process of posting and publication. The court can proceed with the case ex-parte and pass a decree. In case if  the husband or his representative appears. He is required to file a written statement, following it the court decides a date for reconciliation. Meanwhile, if reconciliation fails court will pass decree for dissolution of marriage.

Q: Can a wife be delegated right of pronouncement of divorce?

A: Certainly, a wife can divorce. if so delegated in the nikahnama (marriage contract form) the said right is called Talak-e-Tafweez (delegated powers of divorce). Husband may delegate right to divorce while contracting marriage or Nikahnama. Therefore, the wife has a right to divorce. Otherwise it is the exclusive right of the husband. However, if wife has no such right and she wants dissolution of marriage. Then she can file a suit for the “Dissolution of Marriage” on the basis of Khula. In other words, seeks divorce through intervention of the court.

Q: Can overseas Pakistani’s file for divorce khula without visiting Pakistan?

A: In order to do so, her marriage should be registered in Pakistan. In addition, she can appoint someone through Power of Attorney. He serves to represent her in the court.

Q. Procedure husband should adopt for online international divorce in Pakistan?

A. Under the Muslim Family Laws Ordinance any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq/Divorce in any form whatsoever, give a notice in writing to the chairman of the Union Council and also send a copy to the wife. Within thirty days of the receipt of notice of Talaq. The chairman shall constitute an arbitration council for the purpose of bringing about reconciliation between the parties. After expiry of ninety days, if reconciliation fails divorce will take effect.

Q. Can husband and wife dissolve their marriage through mutual consent?

A: This is to say, they can dissolve their marriage through mutual agreement. The said divorce is called Talaq-e-Mubarat, meaning of Mubarat is ‘obtaining release from each other’. The offer for separation in Mubarat may proceed either from the wife or from the husband. As soon as it is accepted dissolution is complete.

Q: Whereabouts of my husband are not known for a long time can I end my marriage?

A: Yes, you can end this marriage under the Dissolution of Muslim Marriage Act 1939 if whereabouts of your husband are not known for a period of four years.

Q: Notice of Talaq sent through Chairman Union Council can it be revoked?

A: Yes, divorce/talaq notice can be revoked before expiry of ninety days from the date on which it was delivered.

Q: How do I protect myself from harassment by my spouse and his or her family members?

A: If you find yourself threatened or assaulted by spouse. You may file a complaint at the police station against your spouse.

Q: I have applied for a divorce, is it safe now to go for new marriage?

A: According to law, in case of international divorce in Pakistan. One should not plan to remarry until the divorce is finalized. We provide services and consultancy on matrimonial and family dispute resolution; divorce agreement preparation; advice on divorce in Pakistan; divorce for overseas Pakistanis; khula for overseas Pakistani’s; court marriage; registration of marriages; polygamous marriages; failure to give talaq notice; division and settlement of matrimonial issues; re-marriage issues.

21 thoughts on “International Divorce in Pakistan”

  1. I m an overseas pakistani residing in uae. Its been 5 years my case is pending in procedures with court. However me n my wife are want divorse with mutual understanding. But lawyer filed case instead of guiding us properly.

    Xan i get divorse directly if i go to pakistan embassy?

  2. Pakistani national need a divorce from Hungarian wife. Both were married in London UK at registrar office according to English law. Husband is back in Pakistan and he don’t know where his wife is anymore from last 2 and half years hence not in contact with each other. Please give your advise on how to initiate and get a divorce as a Pakistani husband in Pakistan. secondly how long will the whole process take? 3rd how much it would cost? Hungarian wife is not in contact with husband but even she was she would have also agreed on divorce. Thank you for the advice in advance.

  3. I am British citizen and married in Azad Kashmir to Pakistani national. My husband refuses to give divorce so how can I apply for khula from UK? If I have nobody for Power of Attorney, how can I get khula?

  4. Marriage date: 08-MAR-2014………after 6 months she left and go to her parents and started court cases….in 2017 I gave her legal divorce but it was not as per Shia Fiqh……….then we reconciled on some terms & conditions and live together. This Sulah Nama was submitted in Court in presence of both parties and lawyers but divorced was not cancelled in union council. We live 3 years together. during this 1 another Baby boy was born. After 3 years our relation once again broken and now I gave her Talak as per the Shia Fiqh. Now she is not in my Nikkah. I need some legal document like Divorce Certificate for the record.

  5. Salam/Hi
    Is it necessary for me to attest my international divorce certificate from MOFA/ ministry of foreign affairs of Pakistan and or UK embassy/consulate? Divorce certificate is issued in Pakistan (marriage was done in UK according to English law with a European/Christian person)
    I shall be grateful for your professional opinion.

  6. Slam
    I’m an Italian citizen living in um married to a Pakistani girl. I brought her here on spouse visa in uk. After 6 months we went back to pakistan and she decided not to come back. She wants talak. Can you please guide how I can give her talak and how I can marry another woman.

    1. Hi
      Just send her divorce deed attested from pakistan consulate and appoint someone in pakistan who will appear in union Council for proceedings. We can also help you in this regard.

  7. Hello i just need advice my sister-in-law (husband’s brother’s wife ) is in abusive marriage…she has three children..her husband is accusing her of being unfaithful … i know she is innocent and now he’s threatening her that lawyers in pakistan always sides with wealthy husband and let him keep the children because he can give better life to them outside pakistan we live in Qatar…as she and her parents are not financially comfortable please guide is it true??kids ages are 9,8,6

  8. Hi,
    My wife and I are both Pakistani citizens who got married there. We are now living in the US. I want to get a divorce, but wasn’t sure if it should be done in the US or Pakistan. Can you please provide the procedure to file for divorce? What is the expected timeline once filed?

  9. Hi

    I got married on 16th January, 2020 and after that my husband who is Canadian citizen by birth applied for my file. Due to some misunderstandings between my mother in law and my family, he withdraw the application in March 2021.
    Now I received 3 divorce deeds on 6th January 2023 signed by my husband through DHL Canada under his name and duly attested by some advocate in Faisalabad, and then sent back to Canada for further verification, whereas my Nikah nama is registered in Lahore,
    all 3 divorces date back to 15th July, 2021.
    In all this time my husband has never told he if he has taken this step, also I was never received any notice here in Pakistan by Union Council.
    Please guide how should I proceed further for documents.
    Also it is mentioned in typing that I demanded for divorce, whereas I have never asked for it.

  10. Hi. My sister lives in UK. She got married in Pakistan and got divorced here in UK court. Will this divorced be recognised in Pakistan? How to get this UK divorce registered in Pakistan?

  11. I’m a Pakistani American and I got married to foreign citizen and she lives in USA and so she does. We both got married in Pakistan. Is it possible to file divorce in Pakistan and also does she need to mutual agree to sign the divorce papers, also would she need to hire an attorney in Pakistan?

  12. AoA
    Bhai jani meri shadi 2018 me Pakistan me hoi US larki k sath or ab me divorce dana chahta ho to kia divorce case file yaha Pakistan me karo ga ya US me?

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