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Family Laws Pakistan

Muslim Family Laws Ordinance, 1961

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Muslim Family Laws Ordinance, 1961, is an Ordinance to give effect to certain recommendations of the commission on marriage and Family Laws. It was enacted to expedient to give effect to certain recommendation of the commission on Marriage and Family Laws.

(a) “Arbitration Council” means a body consisting of the Chairman and a representative of each of the parties to a matter dealt with this Ordinance:

Provided that where any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council.

(b) “Chairman” means the Chairman of the Union Council or a person appointed by the Federal Government in the Cantonment areas or by the Provincial Government in other areas or by an Officer authorised in that behalf by any such Government to discharge the functions of chairman under Ordinance:

Provided that where the Chairman of the Union Council is a non-Muslim, or he himself wishes to make an application to the Arbitration Council, or is, owing to illness or any other reason, unable to discharge the functions of Chairman, the Council shall elect one of its Muslim members as Chairman for the purposes of this Ordinance.

(c) “Prescribed” means prescribed by rules made under Sch. II.

(d) “Union Council” means the Union Council or the Town or Union Committee constituted under the Basic Democracies Order, 1959 and having jurisdiction in the matter as prescribed.

(e) “Ward” means a ward within a Union or Town as defined in the aforesaid Order.

The procedure for registration of marriage as described in Muslim Family Laws Ordinance, 1961 is as under :-

(1) Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance.

(2) For the purpose of registration of marriage under this Ordinance, the Union Council shall grant licenses to one or more persons, to be called Nikah Registrars, but in no case shall more than on Nikah Registrar be licensed for any one Ward.

(3) Every marriage not solemnized by the Nikah Registrar shall, for the purpose of registration under this Ordinance be reported to him by the person who has solemnized such marriage.

(4). Whoever contravenes the provisions of such-section (3) shall be punishable with simple imprisonment for a term which may extent to three months, or with fine which may extend to one thousand rupees, or with both.

(5). The form of nikahnama, the registers to be maintained by Nikah Registrars, the records to be preserved by Union Councils, the manner in which marriage shall be registered and copies of nikhanama shall be supplied to parties, and the fees to be charged thereof, shall be such as may be prescribed.

(6) Any person may, on payment of the prescribed fee, if any, inspect at the office of the Union Council the record preserved under sub-section (5), or obtain a copy of any entry therein.

Procedure for Talaq as per Muslim Family Laws Ordinance, 1961 is :-

(1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife.

(2) Whoever, contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

(3) Save as provided in sub-section (5) talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from day on which notice under sub-section (1) is delivered to the Chairman.

(4) Within thirty days of the receipt of notice under Sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.

(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in Sub-section (3) or the pregnancy, whichever later, ends.

(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under his section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.

Dissolution of marriage otherwise than by talaq.

Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolves the marriage otherwise than by talaq the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.

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Karachi, Sindh
PK
Phone: +92 321 205 7582

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Family Law

Khulla

Khulla

Right of Khulla is not an unconditional right but this can be granted by court upon satisfying itself that there is such discard, hatred, intense, dislike and incurable aversion on the part of wife that is impossible for the spouses to live together and perform their matrimonial obligations within the limits of prescribed by God.

Khulla is a kind of divorce when wife get from the family court in lieu of forgoing her right of dower . section 8 of Muslim Family Law Ordinance 1961 attract on Khulla and other dissolution of marriage other then talaq under section 7 of Muslim family Law Ordinance 1961.

When wife file the suit for the dissolution of marriage by way of khulla under section 8. Summons are issued to the husband through registered mail, courier service, pasting and as well through publication in the newspaper and court give sufficient time and chance to husband to file his rebuttal and reply. Therefore court fixes the case for pre-trial for reconciliation and compromise. If reconciliation fails then under section 10 court pass the decree for dissolution of marriage fore with and also restore to the husband the haq mahar received by the wife inconsideration of the marriage at the time of marriage.

On the other hand if husband fail to appear then court published the summon in the newspaper and try to bring the husband in the court but if he fail to appear then court have no other alternative except to decree the suit ex-parte by dissolving the marriage by way of khulla.
In the suit of Khulla, there is no need to prove any allegation leveled by the wife against the husband. Only hatred is sufficient for the grant of Khulla. As Islam and law does not allow the hateful union.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

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For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
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