Delegation of right of Divorce to Woman under Pakistani Law

Q: Can a wife be delegated right of pronouncement of divorce?
A: Yes, wife can divorce; if so delegated in the nikanama (marriage contract form) the said right is called Talak-e-Tafweez (delegated powers of divorce). Husband may delegate right to divorce while contracting marriage as per paragraph 18 of the Nikahnama, then the wife has a right to divorce, otherwise it is the exclusive right of the husband. But if wife has no such right and she wants dissolution of marriage then she can file a suit for the “Dissolution of Marriage” on the basis of Khula or seeks divorce both through intervention of the court.

Q: How would I know where my divorce case will be filed in Pakistan?
A: Your case can be filed where marriage has taken place or where marriage was registered; where the defendant is residing. Wife can also file a case at the place where she ordinarily resides.

Q. Whether overseas Pakistanis wives can get divorce in Pakistan via online?
A: No.

Q: Can overseas Pakistani file for divorce without coming to Pakistan?
A: Yes, but for that her marriage should be registered in Pakistan she can appoint someone through Special Power of Attorney who will represent her on her behalf in the court.

Q: What is the law for custody of children for divorcing couples in Pakistan?
A: Guardian and Wards Act is the law, family court can also entertain suit relating to custody of children according to Family Courts Act 1964. General rule is that the interest and welfare of the minor child should be of paramount consideration.

Q. What are the rights of wife to property after divorce has taken place in Pakistan?
A: The bridal gifts given to wife in dowry/jahaiz are the exclusive property of wife during or after the marriage. Upon dissolution of marriage wife is also entitled to claim deferred dower and maintenance during the period of Iddat.

Q. What is the procedure husband should adopt to give divorce to his wife in Pakistan?
A. Under the Muslim Family Laws Ordinance any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq/Divorce in any form whatsoever, give a notice in writing to the chairman of the Union Council and also send a copy to the wife. Within thirty days of the receipt of notice of Talaq chairman shall constitute an arbitration council for the purpose of bringing about reconciliation between the parties and after expiry of ninety days if reconciliation fails divorce will take effect.

We are not a N.G.O. (Non Government Organization) but we have dealt many divorce and human rights cases for deserving woman without Professional Fees.

Very soon we are opening our branch office in Gulshan-e-Iqbal, if you are any suggestion for location,  we will be thankful for any helpful comment.

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Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582