According to Muslim Family Law Ordinance 1961, any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq in any form whatsoever, give the Chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife.
Procedure to Send Divorce Notice to Wife
The Muslim Family Law Ordinance 1961 makes the husband bound to send the written divorce notice to his wife. For this purpose, the husband sends the divorce notice in writing to the concerned Union Council or any other government office in charge by registered post. The Union Council or government office in charge will issue the divorce certificate afterward.
Requirements of Divorce Notice
The husband must mention the valid address of his ex-wife on the divorce notice. On that address, the Union Council or the government office in charge will issue notices in the
Conditions of Direct Divorce Notice
The husband can serve the divorce notice to his ex-wife with the permission of the concerned government office meeting the following conditions.
- The husband can serve the notice to the ex-wife through her father, mother, adult brother, or adult However, the husband cannot serve the divorce notice on the ex-wife through any other relative.
- If the ex-wife’s whereabouts are unknown or the husband cannot serve the divorce notice through her immediate family members, he can still do so. For this purpose, the husband will serve the divorce notice through a newspaper approved by the concerned government
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Issuance of Divorce Certificate
After the husband serves divorce notice to the Union council or government office in charge, the concerned office issues the Divorce Certificate after 90 days, the Iddat period. This certificate makes the divorce effective for the husband and wife.
Why is Registration of Divorce Important?
The divorce is not effective until 90 days after the husband sends the divorce notice. Also, the Muslim Family Law Ordinance 1961 does not recognize the verbal Talaq. Therefore the husband needs to serve the divorce notice to his ex-wife. Otherwise, the divorce is ineffective as per law.
The person who fails to do so will pay a fine of up to 5000 rupees or face simple imprisonment of up to one year or both.
Information about Law: Islamic Marriage Requirements
However, Islamic Scholars say that once the husband pronounces ‘Talaq’ 3 times, the divorce becomes binding, and once the wife has obtained Khula from the court, it becomes binding.
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