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.
Talaq is the most common form of divorce initiated by the husband. It can be pronounced in three different ways:
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.
The husband pronounces Talaq three times during three consecutive periods of purity. If reconciliation fails after the third pronouncement, the divorce becomes final.
(Triple Talaq): The husband pronounces Talaq three times in one sitting, immediately dissolving the marriage. This form is less preferred and controversial.
In “Sarfaraz vs. Yasmeen” (PLD 2018 Lahore 489), the Lahore High Court emphasized the importance of following due process in Talaq.
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.”
“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.”
“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.“
“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.”
In “Mst. Zahida vs. Muhammad Nawaz” (PLD 2001 Lahore 1), the court annulled the marriage due to the husband’s fraudulent behavior.
“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.
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.
The following documents are required when you are considering to get your khula/ Court Decree from Family courts of Pakistan.
Please note that if you are unable to meet the required documents then feel free to contact us we will arrange those documents.
The following documents are required when you are considering to register your divorce in Nadra union council.