Sunday 13 May 2012

Procedure of Talaq when a woman has right

When a woman has right of talaq in the nikah nama then she can get it directly from the union council or arbitration council at any place where she resides. This very fact is mentioned in section 8 of Muslim Family Law Ordinance, 1961.

8. 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.

If the right is not given in the Nikahnama then the husband has to give her notice. Otherwise she has to apply for Khula in the family court first.

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