Understabd the Concept of Faskh-e-Nikah in Pakistan 2023
Marriage is considered a sacred bond in Pakistan, but there are instances where a marriage may face irreconcilable issues or circumstances that make it necessary to dissolve the union. Faskh-e-Nikah is a legal term in Pakistan that refers to the dissolution of a marriage through a court order. This article aims to provide an overview of Faskh-e-Nikah in Pakistan, the conditions under which it can be sought, and the process involved.
Understanding Faskh-e-Nikah:
Faskh-e-Nikah is a legal provision under Islamic law that allows the dissolution of a marriage when certain conditions are met. It provides an avenue for couples who are unable to continue their marital relationship due to valid reasons, such as cruelty, abuse, or irreconcilable differences.
Grounds for Faskh-e-Nikah:
Under Pakistani law, there are several grounds upon which Faskh-e-Nikah can be sought. These include:
Cruelty: If one spouse is subjected to physical or mental cruelty by the other, Faskh-e-Nikah can be sought. This includes any act that causes harm, pain, or suffering, making it unbearable for the victim to continue the marriage.
Desertion: If one spouse abandons the other without a valid reason for a significant period, Faskh-e-Nikah can be pursued. Desertion refers to the intentional act of leaving the marital home without consent or justification.
Non-fulfillment of Marital Obligations: If one spouse consistently fails to fulfill their marital obligations, such as providing financial support or maintaining a reasonable level of companionship, Faskh-e-Nikah may be considered.
Mental Disorder: If one spouse is afflicted with a mental disorder that makes it impossible to sustain a harmonious marital relationship, Faskh-e-Nikah can be sought.
Non-observance of Iddat: If the wife, after divorce or the death of her husband, remarries before completing the prescribed waiting period (iddat), the previous marriage can be nullified.
Process of Seeking Faskh-e-Nikah:
To seek Faskh-e-Nikah, the affected party must file a case in the relevant Family Court or Sharia Court. The process typically involves the following steps:
Consultation with a Lawyer: It is advisable to consult with a family lawyer who specializes in Islamic law to understand the legal options and gather the necessary documentation.
Filing of Petition: The lawyer will help prepare the petition for Faskh-e-Nikah, stating the grounds and providing evidence to support the claims. The petition should be filed in the appropriate court along with the required court fee.
Notice to the Opposite Party: After the petition is filed, the court will issue a notice to the opposite party, informing them about the case and the date of the hearing.
Evidence and Arguments: Both parties will have the opportunity to present their case, providing evidence and witnesses if necessary. The court will evaluate the evidence and listen to the arguments presented.
Court Decision: Based on the evidence and arguments presented, the court will make a decision regarding the dissolution of the marriage. If the grounds for Faskh-e-Nikah are proven, the court will issue a decree dissolving the marriage.
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Conclusion:
Faskh-e-Nikah serves as a legal recourse for individuals in Pakistan who find themselves in circumstances where the continuation of their marriage is untenable. It is essential to consult with a knowledgeable family lawyer to understand the legal process and requirements for seeking Faskh-e-Nikah
