Women Right For Khula in Pakistan:
In Islam a marriage could be dissolved by way of khula in Pakistan and by mutual consent of the husband and wife, without a judicial decree subsequently of which Nadra divorce certificate in Pakistan is issued. Wife could not divorce herself from her husband without his consent, except under a Contract, but she could, if some cases, obtain a divorce by judicial decree which is called khula in Pakistan. Section 7 of Muslim Family Laws Ordinance, 1961, regulates the procedure as to pronouncement of divorce and khula in Pakistan. Under Islamic Law a Muslim husband enjoys unfettered power to pronounce divorce to his wife; it was also established principle of Islamic Jurisprudence that husband could delegate his power to his wife or to third person by way of Contract. 8.
What’s the requirement for Talaq Pronounce?
Talaq pronounced thrice in presence of witnesses and communicated and subsequently Nadra divorce certificate in Pakistan was issued. Talaq pronounced thrice in presence of witnesses and communicated to wife at her address and Union Council concerned. Failure of wife to participate in arbitration proceedings initiated by union council despite giving notice was the fault of wife. Application by husband to Union Council for issuance of Nadra divorce Certificate in Pakistan after expiry of requisite period of 90 days. Constitutional petition was filed by wife seeking quashment of proceedings before Union Council. Petitioner herself had chosen not to attend arbitration proceedings initiated by Union Council. Petitioner had failed to show any lawful reason for justification to quash such proceedings or restrain Union Council from issuing such Nadra divorce certificate in Pakistan to husband on expiry of 90 days. High Court dismissed Constitutional petition in Circumstances. A divorce may be in written form or verbal and no particular form is required.
What Islam Say about That?
Marriage under Muslim Law is a civil contract and not a sacrament. It is ordained by Allah in Holy Qur'an and it is for comfort, love and Compassion. It is the bounden duty of husband to keep his wife with love and affection, respect and provide her maintenance during subsistence of marriage. Islam has laid down parameters for spouses to live within those bounds and if parties transgress those parameters, they should relieve each other i.e. they may break matrimonial ties with kindness. Contract of marriage as per Muslim Law can be dissolved by husband at his will without intervention of a Court or by mutual consent of spouses; or by a judicial decree on a suit filed by any of the spouses. Divorce when proceeded from the side of husband, it is called Talaq and when it is effected by mutual consent it is called "Mubarat. different manners i.e., by a single pronouncement made during " Tuhrs" followed by abstinence from going to wife to establish marital relationship till "Iddat period and such Talaq/Divorce is called " Talaq-e-Ahsa 10. Talaq-e-Hasan.
More about Talaq Procedure:
Other method of pronouncement of divorce is three "Talaqs" by husband during successive three "Tuhrs" without establishing physical relationship with wife, in any of the three "Tuhrs" and this divorce is called "Talaq-e-Hasan". Talaq-e-Bain. Third way of divorce by husband is through three pronouncements made during a single "Tuhr either in one sentence i.e., "l divorce you thrice or in separate sentences i.e., "(l divorce you), (I divorce your), divorce you or a single pronouncement made during a "Tuh' clearly indicating an intention of irrevocability of divorce i.e., I divorce you irrevocably". Talaq-e-AhsanTalaq-e-Ahsan. Talaq can be pronounced in three becomes irrevocable/complete on expiry of lddat period. Talaq-e-Hasan become irrevocable/complete on the third pronouncement irrespective of lddat period and Talaq-e- Bain becomes pronouncement irrespective of lddat. reconcile their differences despite lapse of three months. Law would presume an irretrievable break down of marriage.