Types of divorce and khula in Pakistan
Divorce in Pakistan is governed by both Islamic law and civil law, depending on the circumstances and the religious affiliation of the parties involved. Here are the key points to consider:
1. Types of Divorce:
a. Talaq (Islamic Divorce):
In Islamic law, a husband has the right to initiate divorce through a procedure known as “Talaq” طلاق۔
This can be done verbally or in writing, and it is recognized under Islamic law of Pakistan.
b. Khula (Islamic Divorce initiated by the wife):
Khula is a procedure in which a Muslim woman can seek a divorce from her husband. It typically involves returning the mahr (dower) provided by the husband. And khula must file in the family court of Pakistan.
c. Judicial Divorce:
Under civil law, a divorce can be obtained through court proceedings. This is applicable to individuals of all religions, including non-Muslims.
2. Grounds for Divorce:
a. Islamic Law:
In Islamic law, grounds for divorce may include irreconcilable differences, maltreatment, neglect, or failure to provide maintenance.
b. Civil Law:
Grounds for divorce under civil law may include cruelty, desertion, impotence, mental disorder, or adultery.
3. Legal Process:
a. Talaq:
If a husband initiates divorce through Talaq, it should be done according to the Islamic procedures specified in the law. It’s important to note that saying “Talaq” three times in one sitting is considered a single irrevocable divorce according to Sunni sect and the rest of the other sects consider it a single divorce.
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b. Khula:
A woman seeking Khula can do so through a judicial process, which may involve presenting her case to a family court.
c. Judicial Divorce:
This process involves filing a divorce petition in a family court. Both parties may be required to provide evidence and testimony to support their case.
d. Mutual divorce:
Mutual divorce is by consent of both parties. If the husband and wife agree to dissolve the marriage they can mutually dissolve it without going to the family court of Pakistan.
4. Legal Assistance:
It’s advisable to consult with a family lawyer who is knowledgeable about divorce laws in Pakistan. They can guide you through the process and help ensure that your rights are protected.
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5. Documentation:
Proper documentation, including marriage certificates, relevant identification, and any legal agreements (such as a mahr contract), will be important during divorce proceedings.
6. Mediation and Reconciliation:
In some cases, the court may attempt mediation or encourage reconciliation before proceeding with a divorce.
Remember, divorce laws and procedures can change over time, so it’s important to consult with a legal professional or visit the local family court for the most up-to-date information regarding divorce in Pakistan.
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