Divorce Law in Pakistan (2023) – Details Information For Everyone
Divorce law in Pakistan is primarily governed by the Muslim Family Laws Ordinance, 1961, which applies to Muslims in the country. However, there are separate laws for non-Muslims, such as the Christian Divorce Act, 1869, and the Hindu Marriage Act, 2017.
For Muslims:
Talaq: Talaq is the Islamic form of divorce in Pakistan, and it can be initiated by the husband without the need for court intervention. There are two types of Talaq:
- Talaq-e-Ahsan: It is the most approved form of divorce where the husband pronounces talaq once during the wife’s period of purity (tuhr), followed by a period of abstinence known as “iddat.” If the husband and wife reconcile during the iddat period, the divorce is revoked. If not, the divorce becomes final after the iddat period.
- Talaq-e-Hasan: It involves three pronouncements of talaq made during successive tuhrs (periods of purity) with no sexual intercourse between them. The divorce becomes final after the third pronouncement.
Khula: Khula is a right granted to the wife to seek a divorce from her husband through a judicial process. The wife must offer compensation or return her dowry to obtain a khula in Pakistan. If the husband refuses the wife’s request for khula, she can approach the family court for a dissolution of marriage.
Judicial Divorce: In addition to talaq and khula, the family courts in Pakistan have the authority to grant a divorce based on various grounds, such as cruelty, desertion, insanity, and failure to fulfill marital obligations.
It’s important to note that the exact procedures and requirements for divorce may vary depending on the interpretation and application of the law by different courts and legal practitioners in Pakistan. It is advisable to consult with a local lawyer who specializes in family law to understand the specific legal requirements and processes applicable to your situation
