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
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.
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.
1.___________________ Hussband Name son of Father name
____________________ N.I.C No. —————–
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.
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