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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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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

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Family Law

Preparation of Divorce Papers in Karachi Pakistan

If Husband is seeking to give divorce to his wife or on the other hand if a wife is seeking to exercise her delegated right of divorce in her nikhanama, then Divorce papers are prepared by their Lawyers. If both parties agree to divorce each other then a mutual divorce deed is prepared, whereas it is commonly one sided.
A Divorce Deed is prepared wherein a brief history of marriage and child description is narrated, which is supplemented with terms and conditions of divorce if any. It is also mentioned that the amount of Haq Meher is returned by way of a cheque/ Pay order and the same is tendered along with original Divorce Papers. The Divorce Deed is couriered to the recipient and it is ensured that the same is received.

A Copy of the Divorce Deed along with copy of the cheque and delivery receipt of the courier is submitted before the concerned union council which upon receiving application will issue notices to the parties for reconciliation.  The Applicant can appoint their lawyer to appear on their behalf who will attend hearing for reconciliation. If reconciliation fails then the concerned union council issues divorce certificate.

What we can do online for you?

  • Draft Divorce Deed as per Pakistani Laws.
  • Acknowledgement of Service of Divorce Deed.
  • Application to the Concerned Union Council for registration of Divorce Deed .
  • Representation before the Union Council for Confirmation of Divorce.
  • Obtaining Confirmation of registration of Divorce from the Union Council.

Should our clients opt for negotiation, we shall effectively negotiate on their behalf and aim for alternative dispute resolution avoiding lengthy litigation in court.
Please note that our Professional Fees is based on the number of hours involved in prepared and contesting your work. However we will give you an estimate of our Professional Fees.

Please Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

Submit Your Query For a Legal Advice

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

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.