Divorce (or the dissolution of marriage) is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties. In other words a divorce is a legal action between married people to terminate their marriage relationship. It can be referred to as dissolution of marriage and is basically, the legal action that ends the marriage before the death of either spouse.
In Pakistan what are the terms used to identify the parties in a divorce proceeding?
The party filing the suit is called the “Plaintiff”, while the other party to the divorce proceedings is referred to as the “Defendant”.
What are the ways marriage can be dissolved in Pakistan?
Marriage can be dissolved in any of the given ways i.e. divorce by the husband at his will without the intervention of a court commonly called a “Talaq”; by mutual consent of the husband and wife, without intervention of the court; by a judicial decree at the instance of the court and by the wife in exercise of a contractual right of divorce.
What is meant by “Khula”?
Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through intervention of the court. A woman seeks a “khula” while man gives a “Talaq”.
What grounds are available to a wife to get Divorce according to Laws of Pakistan?
As per Dissolution of Muslim Marriages Act a woman shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds:
Whereabouts of the husband not known for four years; Husband has neglected or failed to provide maintenance; Husband has sentenced to imprisonment for a period of seven years or upwards; Husband failed to perform marital obligations for a period of three years; Husband was impotent at the time of marriage; Husband has been insane for two years; She was married when she was minor; Husband treats with cruelty; Leads an infamous life; Attempts to force her immoral life; Venereal disease; Incurable form of leprosy; Disposes of her property; Obstructs her in observance of her religious practice; If she cannot live with the husband within the limitation imposed by the Almighty Allah.
Beside above, there are also other grounds available to wife for the dissolution of marriages under Muslim Law.
After obtaining khula decree from the court is dissolution of marriage is complete?
No, after obtaining Khula decree from the court you need to file an application before the Chairman Arbitration Council/Union Council of your jurisdiction for obtaining dissolution of marriage certificate.