The easiest way to get talaq in Pakistan is by mutual consent of spouses. When a husband verbally gives talaq to his wife, he should send a notice of talaq to arbitration council as well. When the wife is living in an area where there is no arbitration council then the notice is given to the union council. Upon receiving this notice the arbitration council will invite the parties for reconciliation after a period of 30 days from the date of notice.
The chairman of arbitration council will preside over the process of reconciliation between the parties. The reconciliation proceedings will happen twice. Once after 30 days and the second time after 60 days. The talaq will become effective on the 90th day and a certificate of the same will be issued to the parties. Before the expiry of 90 days the parties have right to reconcile.
A wife can directly go to arbitration council herself and give notice of talaq. Proceedings of talaq can initiate that way also. If the wife has delegated right of talaq in column 18 of nikah nama then she can get talaq this way easily in 90 days. Otherwise the husband is required to appear in the council himself and give talaq to the wife. If the husband refuses to give talaq to the wife and she doesn't have right in the column 18 of nikah nama then talaq will not happen from the arbitration council. The wife will be required to file a suit for dissolution of marriage on the grounds of khula in the family court in that scenario.
A beauty of family laws in Pakistan is that they allow the jurisdiction to be on the convenience of wife. Wherever the wife moves, she creates jurisdiction for filing suits and getting talaq in the similar manner. Another aspect is that even if a husband pronounces talaq 100 times it is considered as a single talaq under the Pakistani law. The process will be followed that way as if one talaq is given to the wife.
The chairman of arbitration council will preside over the process of reconciliation between the parties. The reconciliation proceedings will happen twice. Once after 30 days and the second time after 60 days. The talaq will become effective on the 90th day and a certificate of the same will be issued to the parties. Before the expiry of 90 days the parties have right to reconcile.
A wife can directly go to arbitration council herself and give notice of talaq. Proceedings of talaq can initiate that way also. If the wife has delegated right of talaq in column 18 of nikah nama then she can get talaq this way easily in 90 days. Otherwise the husband is required to appear in the council himself and give talaq to the wife. If the husband refuses to give talaq to the wife and she doesn't have right in the column 18 of nikah nama then talaq will not happen from the arbitration council. The wife will be required to file a suit for dissolution of marriage on the grounds of khula in the family court in that scenario.
A beauty of family laws in Pakistan is that they allow the jurisdiction to be on the convenience of wife. Wherever the wife moves, she creates jurisdiction for filing suits and getting talaq in the similar manner. Another aspect is that even if a husband pronounces talaq 100 times it is considered as a single talaq under the Pakistani law. The process will be followed that way as if one talaq is given to the wife.
No comments:
Post a Comment