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Divorce Procedure in Pakistan

In Pakistan the divorce procedure is controlled by Muslim Family Laws Ordinance,1961 – for Muslim Marriages and Christian Divorce act 1869 in situation of Christian marriages, following are some basic on how to get divorced under Pakistani law if you have a muslim marriage.

Initiation:

A male husband (or female in some cases) pronounces talaq (Islamic divorce), with various forms of sharia either immediately or deferred fulfilment, verbalized and also written.

Notice to Union Council:

A husband who pronounces talaq must provide notice to the chairman of union council wherever the marriage was registered within 7 days along with a copy sent by him to wife.

Arbitration:

The Union council then tries to reconcile the parties within 90 days and in-case of failure a divorce certificate is issued

Registration:

When the divorce is final, both parties have to inform the union council for registration.

Iddat period:

If the wife is repudiated it requires her to wait (iddat) 3 menstrual cycles or 3 months after divorce, during which time she may not marry anybody.

Child Custody and maintenance:

Child custody and support related issues are discussed in the context of a divorce, as is so with post-nuptial cases.

As for the non- Muslims such as Christians, it depends on their laws and customs.

Please remember that divorce law can differ on a case to case basis and from one jurisdiction/locality to the next, so it is always better to consult with family lawyers in Pakistan for specific legal advice purpose.

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