In the Muslim family law, the Law of Divorce/ Dissolution of Marriage is explained. This law authorizes the husband to divorce his wife without the intervention of the Judge. At the same time, there is a certain format of divorce papers in Pakistan which should be followed strictly.
There are two different kinds that a husband can adopt to pronounce divorce But the format of divorce papers is the same in all cases. In certain cases, the husband can repudiate divorce and bring back his wife. Whereas in other cases once a divorce is pronounced, it absolutely incapacitates the husband to make reconciliation and rejoin wife.
What is Divorce?
Divorce is the repudiation of marriage by the husband and no special form and procedure under shariah is necessary for executing the divorce. But it’s Pakistan’s law which makes it obligatory on the husband to properly follow the format of divorce papers.
Relevant Divorce Case Law
If you want to know the procedure of divorce in Pakistan & under Islam, you can consult these landmark case laws.
PLD 1982 Lah 825
PLD 1989 Kar 513
Types of Divorce law Under Islam
The types of the divorce depend upon the nature of repudiation made at one time. But here we will explain two major kinds which render husband to again rejoin wife. There are two modes of repudiation of marriage by husband/Divorce law
Bain Divorce
The husband may pronounce Bain Divorce whereby the husband finally and permanently dissolves the marriage. Such kind of divorce becomes effective immediately after pronouncement.
After pronouncing Bain Divorce the matrimonial bond between the spouses is annulled and they are separated immediately. The wife having been divorced by the husband becomes profoundly disentitled to seek and claim any maintenance from the husband.
Bain Divorce signifies absolute irreversible, the pronouncement of divorce by the husband.
Rijaat Divorce
The second kind of divorce is called Rijaat if the husband pronounces this kind of divorce on his own will and prerogative to reverse such divorce by bringing back his divorced wife.
That kind of divorce may be repudiated before the expiry of 90 days period after its pronouncement and in case of expiry of the period of three months from the date of its pronouncement, Rijjat Divorce also becomes as a Bain Divorce and matrimonial relationship between the spouses cease to exist and after the expiry of the above referred period of time Rijjat Divorce becomes final and effective.
Procedure for Filing Divorce Papers in Pakistan
In Pakistan Muslim Family Law Ordinance 1971 was promulgated whereby a husband pronouncing Talaq (Divorce) is under obligation to notify his act of Talaq (Divorce) to Arbitration Counsel. The format of Divorce papers is strictly followed.
The Arbitration Counsel after receiving the notice/Divorce papers completes certain formalities and eventually, a Divorce Certificate is issued. But notice to the Arbitration Counsel by the husband and other procedures carried out by the Arbitration Counsel are at all not essential for the finalization of Divorce.
Format of Divorce Papers in Pakistan
Here is provided the format of divorce deed in Pakistan or divorce papers in Pakistan. You can use that format of divorce papers in Pakistan after making certain changes.
But you need to give these divorce notice on stamp paper and then it should be duly notified by a notary public.
Divorce Deed Declaration
I, (Name of husband) son of (Husband’s father name) resident of (complete valid address) do hereby solemnly declare and pronounce Triplicate Tallaq, through this divorce deed. The contents of which are as under;
WHEREAS I married (Name of Wife) daughter of (Wife’s father name) resident of (complete address), on (Date of marriage) according to Muslim law and Shariat and the Haq Maher was (mention amount of Mahar), which is paid at the time of Nikah. The Ruskhsati was not held at that time to still the time of Divorce Deed.
That during that period differences have cropped up between the parties and as a consequence, it has become impossible for the two to live together as husband and wife within the limits prescribed by Allah Almighty. Therefore, there is no solution except to Divorce her through this divorce deed.
And whereas I have decided to Divorce (Wide’s name) daughter of (Father’s name) because there is no hope for reconciliation to live as a husband and wife.
Therefore, I hereby pronounce (Tallaq Salasa) and set (Wife name) daughter of (Wife’s father name) free from my wedlock, by revoking the bond of marriage and henceforth, there shall be no concern whatsoever between me and her and she will be at liberty to contract marriage with anybody of her choice according to Law and Shariat.
That the two parties shall not have any cause or claim upon each other after the implementation of this deed.
These Divorce papers are made, signed and delivered at Rawalpindi.
Witnesses Executant;________________
1.___________________ Hussband Name son of Father name
____________________ N.I.C No. —————–
2.__________________
____________________
If you are married in Pakistan and want to get divorced then we hope that this format of divorce papers in Pakistan will help you.
If you are facing court proceedings relating to divorce or family-related. Then do tells us we have a professional lawyer panel to help you.
If after Tripple Tallaq pronouncement marrige dessolves immediately then why union council completes the formality of calling both parties each month for reconciliation? Should we follow religion or Law? Why this dispute between religion and Law where union council is bounded to follow just a formality to dissolve marrieges even if the spouse wants reconciliation? Why our nation is so confused in everything? I am desprate.
B Regards
when tallaq is pronounced then it becomes effective after 90 days during that period there is possibility that may be husband or wife reconsider their act and reconcile. That is why union council as a arbitrator call both parties with in 90 days. There is no confusion between law and religion it’s just ignorance of layman people.
If husband want to withdraw his first devorce and wife does not want to to with reconcile can husband unilaterally withdraw the first devorce?? What he shoul write to withdraw the devorce within 90 days?? Any transcript?? Pls help
withdraw karny ki zarurat hi nahi agar ap dono razamand hyn to ghar lay ayin larki ko. is tarha divorce automatically withdraw ho jaye gi.
Assalamualaikum sir mri divorce 17 April 2018 ko hui. Mray husband ny three divorce wala msg mri sari family k mobiles p including me send kya. Also he had given me a stamp paper of divorce (salasa) yani stamp paper p likha Hua three divorce. Us stamp paper p mry husband k sign b hain aur gavahon k b signatures hain. Kya is stamp paper waly divorce papers ko use kr k m second marriage kaheen aur kr skti?
ap ko chahiye k in papers ko uss union council me submit karwain jahan ap ki marriage hui thi. then union council ap ko divorce certificate issue kary gi. us ko use kar k ap dusri marriage kar sakti hyn
Sir mre husband mje divorce ki dhamki de rhe or mje apni family k kehne pe ghr se nikal dia… Nikah nama pe bagair wajah divorce ki sorat m kuch amount likhi hui.. To kia wo mjpe jhothe blam ki base pe mje divorce de sakty bager ksi restriction k??? Kindly guide me…
kinldy tell me first where are you from?
I wanted to ask if my husband has not pronounced talaaqe bain from his tongue and just signed once on the papers of talaq bain but only once he made papers of only one talaq but he didnt say just signed can it be revoked? can he take me back or we will have to do re nikkah?
tallaq is still effective even if its pronounced in writing. however if 90 days time is not over then he can take you back.
Can he take me back by verbally saying or re nikkah is necessary?
As i said before if 90 has has not passed then he can take you back verbally without re nikkah.
Sir if my divorce deed is attested and I have given 3 divorce in that papers of pressure from family and 90 days is not over yet so can I cancel that divorce and get back with my wife ?
yes you can get back to your wife
Aoa, this is about my husband’s first marriage.I am his second wife. My husband divorced his first wife by both signing and thumb impression on three Talaq notices which print in urdu format in the lawyer office July 2019. Also, the affidavit of 100 rupees stamp paper in which he appoint his closest friend as attorney to follow the divorce procedure. The court sent a notice in August 2019 to his first wife for court appearance. The court called 3 to 4 times both parties and my husband attorney went on those court visits. Finally, the court sent the case to union council in January 2020. My husband appointed attorney went to union council once with the copy of nikkah nama in last week of January 2020. After this my husband lawyer told now attorney has to go to the union council after 90 days for the final visit and the talaq will be effective. The 90 day period was ending 24 April 2020 but the union council closed due to the corona virus in late March. So now I need my husband’s divorce certificate of his first marriage so I can apply for his visa. My husband’s lawyer told that government dissolve the union council and all cases transferred to tehsil office of ur city which in our case is Sialkot. So plz can u tell me how my husband can get divorce certificate and what is the process. Also, how long it will take. Regards
Above stampaper wla talaq Thu talaq mughlza hwa ye Thu 3 talaq hogayay es k bad Thu rajjo nhi hosakte?ya 1 talaq hoge
Pakistan me 3 dafa tallaq di jati hy lekin qanooni lehaz say wo 1 consider ki jati hy. Lehaza raju ki a ja sakta hy.
Lekin sir ulama Thu es ko 3 qarar dety Hy k husband ny read kr k sign Kia Hy.
Par Raaju ka waqat hota hy ap 90 days me wapis beviwi ko la sakty hyn
AOA, Sir
I want know your experts opinion. My son want to give divorce to his wife. At present she is residing in usa. Marriage took place in Karachi and in Nikha Nama filled Karachi address. What is the procedure.
Where I have to send divorce letter in Karachi or USA. Pls reply in details. Thanks and regards
Walikum u salam.
The divorce paper will be sent where the female resides so that it comes in her knowledge and one copy will sent to the concerned union council.
(Par Raaju ka waqat hota hy ap 90 days me wapis beviwi ko la sakty hyn)aur agr 90 days hogy Hu?Thu per 1 consider hogi ya 3?
i consider ho gi
Salam
Mery shohar dubai mai hota hain, mai bemar ho gai thi is like mery ghar walon ny mujhy Pakistan checkup k liye bulawaya uss k ask maheeny band mery shohar ny mujhy talaq e salasa ka stamp paper bhej dia hy as a document jis pr wazeh tor pr likha huwa hy mai talaq deta hun, talaq deta hun, talaq deta hun. Or neechay 2 gawahon k or mery husband ka sign or thumbprint lga huwa hy
Qk ab mery ghar waly nhi maan rhy riju krny k liye k unho ny seedha talaq e salasa he bhej Di hy woh b baghair kisi baat k
iss k baad mushkil he hy k muaamlaat theek hon
Tw ab mera sawal yeh hy k kya iss talaq e salasa k baad hmari taraf sy riju kia ja skta hy ya nhi?
yes, 3 months ka time hota hy raju k liye ap stamp paper ki date say agy 3 months calculate kar lain agar time bachta hy to raju kia ja sakta hy
Respected sir, mutual divorce aur khula 1 Hy ya difference Hy?
different hyn.
Respected sir, what is the difference between mutual divorce and khula?
in mutual divorce, both can marry again after intervening marriage but in khula women become permanently prohibited for man.
Aoa.. sir I need some help regarding my divorce process. Mere husband ny mje divorce de di the but Maine court k through khula k case file Kya tha. Jo dismiss ho gya . Or court ny mje divorce pronounce kr di. Ab Mera lawyer mje divorce certificate issue nhn kr ky de rha. Unho ny just case k file di hai jis me ek line me likha hua hai or union council wly is k nhn maan rhe. Kindly ap mje btye main Kya kru. Mere pass three papers b hy divorce k Jo husband ny bjye.
Walikum u salam kindly contact on this number 0334-4686001. Once you contact us do share your documents on WhatsApp so that we can give you best advice. Thank you.
Salam, mai dubai mai rehta ho mere wife and 2 bachain karachi mai hota hai, mere wife muje divorce ke liya force kr rahi hai, jb mai pakistan mai tha us waqt aj se 7 sal phela mai verbally usko ek dafa talaq bol chuka ho laqin uske bad mamlat theek hogai thai or us ke bad mere han ek beta b hua Mash Allaj se, mai us ke force ke waja se ab usko ek talaq de sakta ho? Taqa bad mai agat wo reconcile krna chai to ho saka, plz guide me
sir 2015 main union council affadadavit k zariya Alim e deen ko nominate kar ke divorce de thee, kia canada main rehtay hoyee kissi bhai ya molvee ko vakeel bana kar UC main notice of divorce diya ja sakta hai.
ji sir ap day sakty hyn ap dubara power of attorney issue kar sakty hyn. Mazeed tariqy ko janany k liye ap https://www.youtube.com/watch?v=Jq69IfJPSBY&t=8s ye video bi dekhain.
salam sir mai apni wife ko divorce dena cahata but hamari beti hai six month ki eik us ke ghr waly kuch din phly aye thy aur uss ko sath le gaye wife & my baby kafi laarai aur dhamki de kar gaye i m not feel safe my family is weak financially i want divorce but woh log khty hai baby nahi de gay na milny de gay aur mamlat sahi bhi nai karty hai i want to end plz batye kesy talaq dn ?? and i want to marriage again second .
Dhamki deny ki surat me ap FIR bi darj karwa sakty hyn. Lenin behtar ye ho ga k pehly ap apni whife to first divorce stamp paper par dayn. Is k sath ap ko Apni beti ki custody ka case file karna pary ga. Lekin jesa k ap nay bataya k beti 6 months ki hy to ap ko custody to nahi milly gi albata ap ussy milny ka haq rakhain gay.
Kya age limit hai jis k baad father apni beti ki custody k liye apply kar sakta hai ya court allow karti hai baby ko father k sath le k janay k lite
Or agr husband bahar hu 90 days m karachi nhi asakty qk corona m sari flight bund thi ab khuli thi kuxh days pehlay lekin wo 3 talak daychuke h ghar walo k pressure m aker tw kya krain or larki ne iddat bhi puri krli
agar to divorce diye huy 90 days guzar gay hyn to divorce effective ho chuki hy ab ap apas me nikah nahi kar sakty.
Divorce paper kitna days m ready hujata h or kiya fees h 2020 m iski
divorce paper 1 din me tayar ho jate hyn.
Assalam o Alaikum sir!
Sir 22 December ko Meri divorce registered hogai thi jo ke papers husband ke name per hain or sign bhi unke hi Hain.. or court Mei Mera khula Ka case chal Raha hai wo larka saaf inkâr KR Raha hai Mei ne divorce nhi di papers per sign bhi usi ke
hain Kia qanun ki nazar Mei Meri 22 December ko Meri divorce hogai thi ya nhi Hui?
walikum u salam. technically ap ki divorce 22 DEC say hi count ho gi lekin chunky ap kay husband inkar kar raha hy matlab wo raazi nama chahty hyn lehaza ab wo divorce nahi rahi. Ab jab bi ap ka khula kay case ka faisla ho ga tab hi ap ki divorce ho gi.
Hello, Can please guide, what is the procedure for Non muslims (Hindus). To get a divorce certificate from Nadra. If we both (husband and wife) sign a stamp paper and announced the divorce and settle all other issues mutually. Can we submit that signed Divorce stamp paper to get the Nadra Divorce certificate? Please advise since there no Divorce law for Non muslims in Pakistan.
like Cristian divorce that took place when the church’s official issues a certificate you should also present same document to the NADRA then they will issue you divorce certificate
hi mr mateen, i have court decree papers, judement was done 4 months back. The lawyer said he will register in union council for me but he didnot do saying rules have been changed. so how can u help me in getting the nadra divorce deed, i need it urgent.
All you need is to send attested copy of judgement in union council along with application that you have been granted divorce/Khula then UC will complete the 90 days and after that you can get divorce certificate. It quite simple
Sir me apni wife ko divorce dens chahta hu lekin mum se Holne ki himat nahi hai kiya me in sms k zarye ya paper per likh kr de sakta hu agr me 3 bar kh du tu aik consider hu hi ya 3
divorce kisi reason ki bunyad par di jati hy pehly to ye dekhain k waqay hi divorce deni zaruri hy ya compromise say zindagi guzar sakti hy.
Agar phit bu dena chahty ho to stamp paper k zariye ap apni wife to divorce day sakty ho.
F the husband give the devorse paper through only Islam rules they don’t have stamps so this is automatic devorse by laws of government please give me answers. Coz I recieved only devorse papers with out hak Maher only witness signed and he my name is not putting in the paper..I’m so confused.
to give divorce the intentions of the husband should be clear. If he has sent you divorce through stamp paper then even if these are not stamped or haq mehar is not given the divorce will take effect. However, if your name is not mentioned then the element of intention laks so divorce will not take place unless your husband himself clears the confusion by verbally uttering words.
Dear Mr Mateen, I think your concept of Talaaq e Rijaat is incorrect. This type of divorce is also called as Talaq e Ahsan. It is in accordance of Sura e Baqara 2:229. In such case after completion of waiting period divorce matures and woman is free to marry anyone, including her first husband. This procedure is very well recognised by Muslim Family Act Section 7. As per latest ruling by Ulema Talaaq e Salasa cannot be given in one go.
thank you for correcting me
Salam
Can you please clarify my query?
Agar talaq e salasa stamp paper py bhjwae jaye aur jab union council main divorce certificate k liay apply karen. Agar union council ka koe b notice spouse ya usky ghar walon ko nae milta aur 90 days baad divorce certificate issue ho jata hai union council sy to is main koe wapsi ki gunjaish hai both as per law and as per hanfi fiqa
Like notices na milna means arbitration to hue e nae. Aur time ziada ho jaye to yay 1 talaq ho gi ya 3. Aur kea dobara halala k baghair shadi ho skti hai?
Thanks
Need help . i need formate of christian seperation deed
Salam mere husband ne mge khud divorce nhi di ha unke Ghar walo ne paper sign kar k bheje hen vo out of country hote hen unki jga unke Ghar walo ne sign kie hen ky aese divorce ho jati ha
Or ky men is baat pe unpe cade kar skti hun k unho ne jhoti divorce di ha
My husbend sended me divorce papers with written 3 times I want to know k isme 90 days Ki duration mojood he rujoo Karne ki and also after 90 days is this count 1 divorce or three ??
ji 90 days ki duration hy for iddat is doran raju kis ja sakta hy. Pakistani law k mutabiq to 1 consider ho gi.
Q. Mateen Sahab please advise. My husband has sent me a stamp paper of talaq e salasa. But now (within 1 week) we want to revoke it. According to muslim family act is it considered 1? And can he ruju now?
Salam, M mateen Sahab.
Mere husband ne mujhy 3 divorce notices bheje hain saudia se consulate general of Pakistan se attest krwa kr. Jo awal notice hai us pr husband k or witnesses k sign or thumb prints bhi hain.lekin baqi Jo 2 notices hai wo awal Waly ki photo copy hain. Bs un pr doum or soum likha hai.sign nhi hain .Tou ab ye talaq shumar ho gi?? ya aik shumar ho gi??
Aik or baat unho ne papers pr date bhi metion nhi ki k kab se talaq shumar ho gi.or union council ka ward no bhi darj nhi hai.
Mere husband ne 10 Oct ko papers attest krwaya thy or mujhy unho ne 11 nov ko bheje hain.
Tou kiya talaq 10 Oct se ho gae hai ya 11 November se ho gi jos din papers Mily
Plzzz reply kijiye ga mein chahti k mere husband ruju kr lein. Ap ki bht mehrbani ho gi.
Mujhey ek cheez samjh nahi aii agar mai talaq verbally di three time papers pe bhi sign ho gaya 90 days bhi ho gaye ye ek talaq hui phir se deni hogi ya divorce ho gayee
Talaq ho jati hy even if you pronounce only one talaq and 90 days lapse.
Another question.
As I am in another country…will I send only one talaq papers with three times talaq written on it from embassy or three papers with one time divorce written on it .
My husband gave me talaq on stamp paper with notary public. If we want to cancel the talaq within three months but we live far away and there is no possibility to meet before three months but we talk to each other and decide that we want to be together again, is the divorce cancelled even if we don’t meet withing three months after divorce? Please help
Sir i want to know k husband phone py 3 times kah dy talaq . Tu wo tu 1 consider hogi . Lakin within week wo rishta daron k samney phir videos bna k b kahey k me ny xyz ko talaq dy . I mean ager within month aik dafa phone py kahey phir dabao mei akay rishtadaro ka samney b kahey phor video bna k b kahey tu ye tb 9 times talaq howi k jst 1 talaq . Is mei rujju krskaty as 90days not lapsed
1 talalaq ho ya 3 raju ka time 3 luner months hy. Is kay doran ap dono raju kar sakty hyn.
i have a query. My sister has been divorced. Usk shohar ne 3 baar full sentence k sath talaq keh dya hei. aur ab wo inkaar ker rha hei k talaq sirf 1 baar hui hei. aur yeh bhi k tallaq nama per usne sirf 1 baar hi likh ker dya hei. kiya yeh valid hei?
kiya wo in future keh sakta hei k usne tallaq nahi di? koi claim ker skata hei? koi blackmailing is basis per?
aur wo 3 times likh ker dy de phir tou wo in future claim nahi ker sakta na k tallaq abhi nahi hui hei?
please guide asap.
Kya ye stamp koi aur banwa skta husband k elawa husband kaa id card le kr aur phr usy sign husband and wife kr dein?
ji bana sakta hy lekin bad me husband us par sign kary ga.
sir mujhe apne shoher se talaq chahye kiya ap mjhe stamp paper email kr skte hn please ap apna account no de den m paise send kr dngi apko
me nay divorce paper ka draft dia hua hy, usssy use kar lain
Salam
Mateen sahab kia stamp paper pe 3 talaq aik sath likhne per saza hoti he?? Kia aesa koi new law bana he??
nahi hoti