Best Online Divorce Service in Pakistan: Know the Types of Divorce

The best online divorce service describes divorce under Pakistan’s Muslim Family Laws Ordinance 1961 as “the legal dissolution of a marriage, which terminates the rights and obligations of husband and wife based on Islamic principles and statutory laws.

Divorce, or “Talaq” in Pakistan, refers to the legal dissolution of a marriage under Islamic law and the statutory laws of the country. It is a formal process by which a married couple can end their marital relationship, resulting in the termination of marital rights and obligations between them. The process of divorce can be initiated by either the husband or the wife and involves specific legal and religious procedures to ensure that it is conducted fairly and justly.

In Pakistan, divorce is governed by both Islamic principles, as outlined in the Quran and Hadith, and the laws enacted by the state, such as the Muslim Family Laws Ordinance of 1961. The legal framework ensures that the rights of both parties are protected.

Divorce can be initiated through various means, including unilateral pronouncement by the husband, mutual agreement, or judicial decree. The process typically involves arbitration or mediation efforts to encourage reconciliation before the final dissolution of the marriage

In Pakistan, the legal system recognizes several types of divorce, each based on Islamic principles and statutory laws. These include Talaq (divorce by the husband), Khula (divorce by the wife), Mubarat (mutual divorce), Judicial Divorce (dissolution of marriage by the court), and Faskh (annulment by the court). Each type has its own procedures, legal requirements, and implications.

Online Divorce Service in Pakistan

1. Talaq (Divorce by Husband)

Talaq is the most common form of divorce initiated by the husband. It can be pronounced in three different ways:

Talaq-e-Ahsan

The husband pronounces Talaq once during a period of purity (when the wife is not menstruating) and observes a waiting period (iddah) of three menstrual cycles. If reconciliation does not occur, the divorce becomes final.

Talaq-e-Hasan

 The husband pronounces Talaq three times during three consecutive periods of purity. If reconciliation fails after the third pronouncement, the divorce becomes final.

Talaq-e-Biddat

 (Triple Talaq): The husband pronounces Talaq three times in one sitting, immediately dissolving the marriage. This form is less preferred and controversial.

Case Law

 In “Sarfaraz vs. Yasmeen” (PLD 2018 Lahore 489), the Lahore High Court emphasized the importance   of following due process in Talaq.

Quranic Verse

 Surah Al-Baqarah (2:229) – “A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness.”

2. Khula (Divorce by Wife)

Khula is the right of a wife to seek a divorce from her husband, typically on grounds such as incompatibility or mistreatment. The wife files a suit for Khula in the Family Court, and the court issues a notice to the husband and conducts hearings. If reconciliation fails, the court grants Khula, and the wife may be required to return the dower (Haq Mehr) received from the husband.

Case Law

In “Shahida Parveen vs. Muhammad Arif” (PLD 2012 Lahore 137), the court upheld the wife’s right to Khula based on her genuine desire to dissolve the marriage.

Quranic Verse: Surah Al-Baqarah (2:229)

“It is not lawful for you (men) to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah.”

Online Divorce Service in Pakistan
Online Divorce Service in Pakistan

3. Mubarat (Mutual Divorce)

Mubarat is a form of divorce by mutual consent, where both spouses agree to end the marriage amicably. They draft and sign a written agreement and submit it to the Union Council or relevant authority. An arbitration council may be formed to confirm mutual consent, and the divorce becomes effective after a 90-day period if reconciliation efforts fail

Quranic Verse: Surah An-Nisa (4:35)

If you fear a breach between them twain (the man and his wife), appoint (two) arbitrators, one from his family and the other from hers; if they both wish for peace, Allah will cause their reconciliation.

4. Judicial Divorce (Dissolution of Marriage by Court)

Judicial divorce is granted by the court based on specific grounds such as cruelty, desertion, failure to provide maintenance, impotence, or serious illness. The wife files a suit in the Family Court, providing evidence to support her claims. If the court is satisfied, it grants the divorce.

Case Law

In “Humaira Mehmood vs. The State” (PLD 1999 SC 19), the Supreme Court dealt with the wife’s right to judicial divorce on grounds of cruelty.

Quranic Verse: Surah An-Nisa (4:128)

“If a wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves.”

Online Divorce Service in Pakistan
Online Divorce Service in Pakistan

5. Faskh (Annulment by Court)

Faskh refers to the annulment of marriage by the court based on conditions that render the marriage invalid or voidable, such as fraud, misrepresentation, or discovery of a pre-existing marriage. The affected party files a suit for annulment, and the court examines the validity of the marriage contract. If the marriage is found invalid, the court grants Faskh.

Case Law

In “Mst. Zahida vs. Muhammad Nawaz” (PLD 2001 Lahore 1), the court annulled the marriage due to the husband’s fraudulent behavior.

Quranic Verse: Surah Al-Baqarah (2:231)

“When you divorce women and they fulfill the term of their (Iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them (or) to take undue advantage.”

These types of divorce ensure that both men and women in Pakistan have legal avenues to dissolve marriages that are no longer sustainable, while adhering to Islamic principles and ensuring justice and fairness for both parties.

Can I Get Divorce Online?

Online Divorce allows you to initiate and complete your divorce process online. Once you begin, we handle all necessary coordination with the relevant authorities and individuals to ensure the process is completed from start to finish. Online Divorce, whether it’s an Online talaq or Online khulla (Arabic for “The untying of the knot“), refers to the dissolution of a marriage. Ending a marriage is often a difficult, painful, and stressful experience for everyone involved.

However, sometimes it is the only path forward. At Law Of Lawyers, we understand this and offer services for those who wish to carry out this process online. Our team of experienced divorce lawyers will take the time to understand your situation and circumstances, providing the best possible approach to Legally and Ethically bring the relationship to a close in an amicable manner.

Online Divorce Service in Pakistan
Online Divorce Service in Pakistan

Documents required for Online Khula / online Court Decree / Online Divorce

The following documents are required when you are considering to get your khula/ Court Decree from Family courts of Pakistan.

  • ID Cards of both Female and Male (CNIC if they are Pakistani Citizens, Passport copy if they are not a citizens of Pakistan).
  •  Marriage Certificate (Manual Nikkah Nama / Computerized Nikkah Nama)
  • If you have Childrens from marriage then their identity documents (Birth certificate or B-Form etc)
  • Two Witnesses I’d Card Copy (CNIC copies)
  • In some cases, A Special Power of Attorney on behalf of Female

Please note that if you are unable to meet the required documents then feel free to contact us we will arrange those documents.

Documents required for NADRA Divorce Registration Certificate / Online Divorce Certificate

The following documents are required when you are considering to register your divorce in Nadra union council.

  •  ID Cards of both Male and Female (CNIC if they are Pakistani Citizens, Passport copy if they are not a citizens of Pakistan).
  • Original Divorce Papers (Stamped Papers , Court Decree)
  • Marriage Certificate (Manual Nikkah Nama / Computerized Nikkah Nama)
  • Two Witnesses I’d Card Copy (CNIC copies)
  • In some cases, A Special Power of Attorney on behalf of the Male and Female.
Online Divorce Service in Pakistan