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.
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