Learn the complete legal procedure for divorce in Pakistan, including Talaq by husband, Khula by wife through Family Court, mutual consent divorce (Mubarat), and steps for overseas Pakistanis—understand notice requirements, documentation, rights of the wife after divorce, and costs involved, all explained in a clear, step-by-step guide.
How to Apply for a Divorce in Pakistan – Complete Guide
Divorce, though a difficult decision, is a legal right granted to both men and women in Pakistan under Islamic and state laws. Whether initiated by the husband (Talaq), by the wife (Khula), or through mutual consent (Mubarat), the divorce process must follow legal procedures laid down in the Muslim Family Laws Ordinance, 1961. This article aims to provide a complete understanding of the divorce process in Pakistan, including requirements, steps, rights, and legal documentation involved.
1. Divorce by Husband (Talaq)
Under Islamic law in Pakistan, a husband can dissolve the marriage by pronouncing Talaq, but this must be done in a legally recognized manner to be valid.
Step-by-Step Procedure:
- Pronouncement of Talaq: The husband must pronounce divorce, either verbally or in writing. It is recommended that he issues a written statement for legal purposes.
- Written Notice to Union Council: Within a reasonable time, the husband is legally required to submit a written notice of Talaq to the Chairman of the Union Council of the locality where the wife resides.
- Notification to Wife: A copy of the divorce notice must be sent to the wife via registered post.
- Formation of Arbitration Council: Upon receiving the notice, the Union Council forms an Arbitration Council within 30 days to attempt reconciliation between the parties.
- Reconciliation Period: A 90-day period is provided for potential reconciliation. This period begins once the Union Council receives the notice.
- Divorce Certificate: If reconciliation fails, the Union Council issues an official divorce certificate after 90 days.
Failure to notify the Union Council makes the divorce legally invalid, and the husband could face penalties under the law.
2. Divorce by Wife (Khula)
If the wife wants to terminate the marriage and the right to divorce hasn’t been delegated to her in the Nikah Nama, she can seek Khula through the Family Court.
How Khula Works:
- Filing a Suit in Family Court: The wife must file a Khula suit stating that she can no longer live with her husband within the bounds of marriage.
- Notice to Husband: The court sends a notice to the husband for a reply.
- Court Proceedings: Both parties appear before the judge. If reconciliation fails, the court passes a Khula decree.
- Return of Dower (Haq Mehr): The wife usually returns the dower amount received at the time of marriage as a condition of Khula.
- Intimation to Union Council: The Khula decree is sent to the Union Council, and after 90 days, the divorce is finalized.
If a wife has been granted delegated right of divorce (Talaq-e-Tafweez) in the Nikah Nama, she may issue divorce without court involvement, but must still notify the Union Council.
3. Mutual Divorce (Mubarat)
Mutual divorce or Mubarat occurs when both spouses agree to dissolve the marriage.
Process:
- Written Divorce Deed: Both husband and wife sign a mutual divorce deed, stating their agreement to separate.
- Submission to Union Council: The deed is submitted to the Union Council for official proceedings.
- Reconciliation Period: The same 90-day period applies. If reconciliation fails, the divorce certificate is issued.
Mubarat is often the quickest and least emotionally taxing method when both parties cooperate.
4. Divorce Procedure for Overseas Pakistanis
Many Pakistanis living abroad face challenges when pursuing a divorce. Fortunately, the law allows overseas citizens to divorce through power of attorney.
Steps:
- Attestation of Power of Attorney: The overseas spouse signs a power of attorney and gets it attested by the Pakistani embassy.
- Appointing a Representative: The appointed person (usually a lawyer or family member) files the divorce in court or the Union Council.
- Completion of Legal Process: The representative handles notices, arbitration, and final certification.
This method ensures that overseas Pakistanis can execute their legal rights without needing to be physically present.
5. Legal Documents Required for Divorce
To apply for divorce, you’ll need the following:
- CNIC/NICOP copies of both spouses
- Original or copy of Nikah Nama
- Divorce deed or court decree (in case of Khula)
- Proof of address
- Passport-size photographs
- Registered post receipts of notices
Ensure that all documents are valid and attested where necessary.
6. Rights of Wife After Divorce
Following a divorce, the wife retains certain rights, including:
- Haq Mehr (Dower): Must be paid in full if not already.
- Maintenance during Iddat: The husband must provide financial support for three menstrual cycles or 90 days.
- Child Custody and Visitation: Courts may award custody based on the best interest of the child.
- Inheritance: If the husband dies during Iddat, the wife retains inheritance rights.
7. Cost of Divorce in Pakistan
The cost varies based on whether the divorce is mutual or contested:
- Mutual Divorce: Rs. 5,000 – Rs. 15,000 (document drafting and legal fees)
- Khula or Contested Divorce: Rs. 20,000 – Rs. 100,000+, depending on lawyer’s fees and case complexity
- Union Council Fee: Rs. 500 – Rs. 1,500 for issuance of divorce certificate
Final Thoughts
Divorce is a sensitive issue but sometimes necessary for the well-being of individuals. Understanding your legal rights and responsibilities ensures the process is handled with dignity and compliance. Whether you are in Pakistan or living abroad, the law provides clear procedures to safeguard both spouses during and after divorce. Consulting a qualified family lawyer is strongly recommended to ensure that your rights are protected and the correct procedure is followed.
