Everything You Need to Know About Divorce Laws in Pakistan
So you’re considering a divorce. The decision to get a divorce is never easy, and the process can be even more complicated in countries where laws are different from what you’re used to. Pakistan is one such country.
This article will provide an overview of the divorce laws in Pakistan, as well as some things you need to keep in mind if you decide to go through with a divorce. Keep in mind that these are general guidelines and that individual circumstances may vary. If you have specific questions, it’s best to speak to a lawyer.
What Are the Legal Provisions for Divorce in Pakistan?
There are three ways to get a divorce in Pakistan: mutual consent, Khula, and Talaq.
Mutual consent is when both spouses agree to the divorce and sign a document stating as such. Khula is when the wife seeks a divorce from the husband; this can only happen if the husband agrees to it. Talaq is when the husband gives the wife a unilateral divorce; this can only happen if the wife is Muslim.
If you are seeking a divorce, it is important to consult with an attorney who can help you understand your rights and guide you through the process.
How to Apply for a Divorce in Pakistan?
If you’re considering a divorce in Pakistan, the first thing you need to do is to apply for a divorce. This document is an application to the court requesting a divorce. It must be made in writing, and it must be filed with the court clerk.
You can get a divorce application form from the court clerk, or you can download it from the court’s website. The form will ask for your name, your spouse’s name, and the date of your marriage. It will also ask for basic information about your divorce, such as why you’re asking for a divorce and how long you’ve been separated from your spouse.
You’ll also need to provide supporting documents with your application. This could include marriage certificates, birth certificates, and proof of separation. If you have children, you’ll also need to provide their birth certificates and custody arrangements.
Grounds for Obtaining a Divorce in Pakistan
There are many grounds on which a person can obtain a divorce in Pakistan. The following are some of the most commonly cited reasons:
Mutual consent: If both parties agree to the divorce, it can be granted relatively easily.
Adultery: If one party is caught cheating, the other can file for divorce on the grounds of adultery.
Insanity: If one party is deemed to be insane, the other can file for divorce on the grounds of mental cruelty.
Desertion: If one party leaves the marriage without any reasonable cause, they can be deemed to have deserted the other party, which can lead to a divorce.
BIG NOTE: These are just some of the most commonly cited reasons for obtaining a divorce in Pakistan. Please speak to a lawyer to learn more about your specific situation. And to find out what grounds are available to you.
Rights of Women in a Muslim Marriage
In Pakistan, Muslim women have the right to seek a divorce, although the process is often complicated and can take years. The first step is to file a petition with the court, which must be approved by a judge.
If the judge approves the divorce, the woman will then have to file a second petition. Which must be approved by a court of appeals. Once that happens, the woman will be granted a divorce and will be able to remarry.
Types of Marriage Contract in Pakistan
When it comes to divorce laws in Pakistan, there are a few different types of marriage contract that you should be aware of. These include the nikah, the mut‘ah, and the misyar.
The nikah is the most common type of marriage contract in Pakistan and is a permanent contract. This means that once you’re married, you can’t get divorced unless your spouse agrees to it.
The mut‘ah is a temporary marriage contract and is often used by couples who want to test out married life before committing to it permanently. This type of contract can be dissolved at any time by either party.
Finally, the misyar is a type of marriage contract that’s often used by couples who live in different cities or countries. Under this type of contract, the husband doesn’t have to provide financial support to his wife and there are no sexual relations allowed.
How to Get Alimony in Pakistan
If your spouse was the breadwinner, you may be entitled to alimony, which is also known as spousal support. Alimony is designed to help the lower-earning spouse maintain the same standard of living after a divorce.
In Pakistan, there is no specific law regarding alimony, but the courts have the discretion to award it in cases where it is deemed appropriate. In making a decision, the court will consider factors such as the earning capacity of each spouse, the length of the marriage, and whether there are young children involved.
If you are seeking alimony, it is important to have a strong case and be able to show that you cannot support yourself financially after the divorce. An experienced divorce lawyer can help you build a strong case and get the alimony you deserve.
So, it is important to be aware of the divorce laws in Pakistan and how they might apply to your situation. If you are considering a divorce, please consult with a lawyer to learn more about your rights. And what steps you need to take to get through the process.
