The Islamic marriage contract or nikah Nama can be dissolved at any point through Divorce or Talaq. In Islam, the husband has been given the right to dissolve the marriage unilaterally. Although, there is a clause 18 in the Nikah Nama that gives a wife the right to unilaterally dissolve the marriage only if, at the time of Nikah, the right is considered through mutual consent. If not, then the wife can get Khula or Judicial Divorce to dissolve the marriage.
Although Allah Almighty has made Divorce the least favorite thing, it is a practice that has been increasing at an alarming rate in our country due to socio-economic factors.
Divorce by Husband
When a husband is not happy with his wife, he can dissolve their marriage by sending the legal deed of Divorce.
Although the Islamic way of giving Divorce to a wife includes saying the word “Talaq” three times in the presence of a witness, the Law of Pakistan does not recognize the verbal triple Talaq alone. Therefore, a legal procedure has to be followed by the husband who wishes to dissolve his marriage with his wife.
Divorce by wife or Talaq-e-Tafweez
If the wife is given the right of Divorce in her Nikah Nama under Clause 18, then she is entitled to adopt the same procedure of Talaq as a husband. Under the section of Muslim Family Law Ordinance (VIII of 1961), the wife can also be given the power to divorce her husband.
Mutual Divorce or Mubarat
Marriage can easily be dissolved if both husband and wife mutually agree on the dissolution. It is a comparatively cheap way and also requires few procedures.
In this procedure, both husband and wife sign a Mutual Divorce Deed. A written notice is then sent to the concerned union council under section 8 of the Muslim Family Law Ordinance.
Preparation of Divorce deed
Divorce deed is the most prominent document in the process of Divorce. Without this document, the divorce process cannot proceed. The divorce deed is prepared by mentioning the following information:
Preparation of Divorce deed
The legal procedure for Divorce is as follows:
Wife’s right to property
The dowry or jahaiz and related bridal gifts given to the bride at the time of the wedding are the exclusive property of the wife even after the marriage. If any of the items are deferred upon the dissolution of marriage, the wife can claim for these items. She can also request for her maintenance money during the Iddat period of 90 days.
Divorce can be ineffective under the following conditions:
Custody of Children (if any)
The Family court is also entitled to entertain cases related to child custody under the Family Courts Act 1964. Although the situation may take more time than the Divorce itself, the welfare and well-being of the child is the paramount priority during such cases.
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