Online Nikha- Advocate Ch Shoaib

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DIVORCE, KHULA PROCEDURE

In Islam, a married woman is permitted to seek a termination of her marriage contract through a Shariah Council and Muslim judge (Family Court). The reasons, for seeking Khula should be founded upon valid reasons, such as immoral behaviour or mistreatment on behalf the husband towards his wife, a woman who feels she dislikes her husband and can no longer give him, his rights etc.

However, this decision should be given serious consideration – a woman is advised to abstain from seeking khula on baseless reasons and to exert necessarily efforts to maintain a harmonious and peaceful relation with her spouse with mutual respect and love. In the unfortunate case, the marriage reaches a point of irreconcilable differences based on valid reasons, all efforts of reconciliation are exhausted and unsuccessful, then Islam has provided a solution for this case i.e. Khula. For more information contact us.

In Islam, a woman who wishes to terminate her marriage contract without the consent of her husband must do so by applying to the Shariah Council. This type of divorce is commonly referred to what is known as a Khula.
It is important to highlight that in order for a married woman to obtain a Khula, the Shariah Council must be satisfied there is a valid reason for an Islamic divorce to be granted. A valid reason covers matters such as adultery, domestic violence and other aspects of immoral behavior.

As per Muslim Personal Law, in Pakistan, a Husband can Divorce his lawfully wedded wife by a Deed of Divorce which can be prepared wherein Triple Divorce is pronounced before witness. However, wife can only seek Khula.
from her husband if her right of Divorce was deleted or not authorized in her marriage contract, known as “Nikkanama”. Therefore in most cases wife would be supported by our litigation department for filling of Khula application in court.
Divorce (Talaq) by the Husband
Under Muslim Family Laws Ordinance limited reforms have also been introduced in relation to talaq.
Under Muslim Family Laws Ordinance a divorcing husband shall, as soon as possible after talaq has been pronounced, in whatever form, give a notice in writing to the chairman of the Union Council.
The chairman must then supply a copy of the notice of talaq to the wife. Non-compliance is punishable by imprisonment and/or a fine. Within thirty days of receipt of the notice of talaq, the chairman must constitute an Arbitration Council in order to take steps to bring about a reconciliation between the husband and the wife.

If and when such attempts to negotiate a reconciliation fail, a talaq that is not revoked in the meantime, either expressly or implicitly, takes effect after the expiry of ninety days from the day on which the notice of repudiation was first delivered to the chairman. If, however, the wife is pregnant at the time of the pronouncement of talaq, the talaq does not take effect until ninety days have elapsed or the end of the pregnancy, whichever is later.

Failure to Give Notice of Talaq
Failure to notify, in the above stated manner, invalidated Talaq until the late 1970s and early 1980s, but introduction of the Zina Ordinance allowed scope for abuse as repudiated wives were left open to charges of zina if their husbands had not followed the Muslim Family Laws Ordinance notification procedure. Since early 1980s, the practice of the Courts in Pakistan is that they validate a Talaq despite a failure to notify as provided under the said Ordinance.
Judicial Divorce / Khula (Dissolution of Marriage)
Judicial “Khula” / Dissolution of Marriage may also be granted without the husband’s consent if the wife is willing to forgo her financial rights.

Grounds for Judicial Divorce on which a woman may seek khula include:
Desertion by husband for four years,
Failure to maintain for two years,
Husband contracting a polygamous marriage in contravention of established legal procedures,
Husband’s imprisonment for seven years,
Husband’s failure to perform marital obligations for three years,
Husband’s continued impotence from the time of the marriage,
Husband’s insanity for two years or his serious illness,
Wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),
Husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives), and any other ground recognized as valid for the dissolution of marriage under Muslim law.

So if you have any question about above matter or you wish to get a solution for your problem in Pakistan, do not hesitate to call Advocate Shoaib at 0092-300 2151 013 and if you are calling from abroad you can also Whats App our law firm on the same number which will be replied by the best lawyer Advocate Ch Shoaib himself.

Procedure of Divorce for Overseas Pakistani Men
If you are wondering how can I send my divorce notice to my wife in Pakistan from foreign country and you don’t to appear in person before any court then follow these steps:
First, overseas Pakistani husband makes sure that he knows the permanent or last known residence of her wife.
Then he has to execute two major legal documents, the divorce deed ( we have complete format of the divorce deed and special power of attorney).
In special power of attorney any person who may be a relative or close friend will be appointed as his representative. This nominated person will appear in any legal forum including the concerned union council.
Now Pakistan’s high Commission of that country where the husband is staying will attest to the above mentioned two documents.
After attestation, these documents will be sent to Pakistan’s foreign office.
Once the foreign office receives the divorce deed and special power of attorney. It will counter attest these papers after you submit the required fee.
After the attestation process completes, the nominated person in the attorney will send the divorce deed to the wife’s address and at the same time, one copy will be sent to the concerned union council.
The union council will start a proceeding in which representatives from bother sides will appear, so that matter might be reconciled. In case no compromise the chairman union council will issue an original divorce certificate to the husband.
How long does a divorce procedure take in Pakistan? Well! it will take 90 days to issue a divorce certificate.
This divorce certificate is needed when the husband wants to do second marriage in Pakistan.
Lastly, if the husband wants to marry a woman living in his country of stay then he has to attest this certificate from a foreign office of Pakistan and present it during the marriage proceeding. otherwise, he has to face criminal proceedings.
This is the divorce procedure for overseas Pakistani. If you need help in that matter you can contact us via calls & whatts app: +923002151013

TALAQ PROCEDURE IN PAKISTAN

Nadra Divorce Certificate
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Divorce procedure in Pakistan

Divorce is given by a Muslim male to his wife however to make the Talaq legally valid it is necessary to follow all the legal requirements and to follow the law of Pakistan related to divorce. Normally people just prepare a divorce deed and send it to the wife and start thinking that it’s all over however this is not the case. The Talaq procedure in Pakistan has to be followed according to the law.

Normally people try to be a lawyer themselves and write whatever they wanted to on the divorce deed without knowing their merits and demerits. Every divorce case is not the same and every wordings on the divorce deed should be written very carefully so better that you tell a lawyer all your issue and then get your divorce deed prepared because many of the people don’t know that the wordings on the divorce deed can be used in the court of law against such husband.
talaq 1
Talaq procedure in Pakistan

During the Talaq procedure in Pakistan the divorce deed is not only sent to the wife but also the arbitration council. People need to understand that divorce is a complete subject and to be divorced is a complete case. The case of divorce is conducted in arbitration council and the law is very clear that the proceedings of at least 90 days will be conducted in arbitration council. Arbitration council is a court having the powers to hear divorce cases.

The 90 days is the minimum time required for the proceedings of divorce and there is no limit to the maximum period of time and you all know that as this is Pakistan so the maximum period can be in years and during all this period notices are sent to both the parties to appear before the council and do conciliation and efforts are done to do patch up between husband & wife.

After the proceedings of arbitration council is over you are issued a divorce certificate. The day your divorce certificate is issued you are considered as divorced. So anyone who thinks that he or she is divorced before this divorce certificate.

let me guide them that they are not divorced and such a spouse will always remain as husband and wife and even inherit properties of each other so it is better to consult a competent lawyer such as Advocate Shoaib before you divorce your wife because Advocate Shoaib can make the Talaq procedure in Pakistan easy for the clients and get them divorce certificate in weeks time also as you all know everything is possible in Pakistan. For the procedure of Talaq in Pakistan or Talaq procedure in Lahore Pakistan please contact Advocate Ch Shoaib Advocate: 0300 2151 013

Onlilne Nika- Court Marriage in Pakistan

CHRISTIAN DIVORCE

The procedure to dissolve Christian marriage is different from Muslim Marriage. The suit for dissolution of christian marriage can be brought by either husband or wife. Related law is Divorce act, 1869 which solely regulates matter of christian marriage. In this act there three modes to dissolve christian marriage.

Modes of Dissolution of Christian Marriages
These are as below;

Dissolution of Marriage
The section 10 of Divorce act 1869 deal with this mode of dissolution. A husband can invoke this section and may present a petition to the Court of Civil Judge, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery.
on the other hand, wife can also present a petition to the District Court or to the High Court, praying that her marriage may be dissolved on the ground that, since the solemnization thereof, her husband:
Has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman, or
has been guilty of incestuous adultery, or
of bigamy with adultery, or
of marriage with another woman with adultery, or
r**e, so**my or be******ty, or
of adultery coupled with such cruelty as without adultery would have entitled her to divorce a mensa et toro, or
of adultery coupled with desertion, without reasonable excuse, for two years or upwards.
Nullity of Marriage
Section 18 of the Divorce act,1869 deal with this kind of dissolution of christian marriage. According to that Section, any husband or wife may present a petition to the Court of Civil Judge, praying that his or her marriage may be declared null and void.
Grounds Taken in Suit For Nullity of Christian Marriage
Such decree may be made on any of the following grounds:
That the respondent was impotent at the time of the marriage and at the time of institution of the suit;
That the parties are within the prohibited decrees of consanguinity (whether natural or legal) or affinity;
That either party was a lunatic or idiot at the time of the marriage;
That the former husband or wife of either party was living at the time of the marriage, and the marriage with
such former husband or wife was then in force.
Judicial Separation
According to Section 22 of the Divorce Act, 1869, No decree shall hereafter be made for a divorce a mensa er toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion without reasonable excuse for two years or upwards, and such decree shall have the effect of as divorce mensa et toro under the existing law, and such other legal effect as hereinafter mentioned.
The parties in a suit for judicial separation of christian marriage can raise any above mentioned grounds. A decree of judicial separation is a court order similar to divorce, under which the couple remains legally married but their normal marital obligations cease and they no longer have to go on living together.

Online Nikha- Advocate Ch Shoaib updated their website address.

Online Nikha, Court Marriage

Court marriage is an official wedlock in between a man and a woman whereby they become life partners solemnized in front of the Magistrate or Nikah Registrar.
The Pakistan rules under Muslim Family Laws Ordinance, 1961 is clear that anyone can get married to opposite s*x at his or her opposite-s*x, The courts in Pakistan are bound to safeguard those individuals’ marriage rights who have being adult done marriage or want to get their marriage under the law.
It is seen that when a couple wants or applies to get court marriage they have undergone tremendous with mental stress because of many social reactions and behaviors which we usually observe today’s world. The Couples who decide to walk through legal channels to get united are also lacked the right information about court marriage in Pakistan.

Court Marriage Procedure in Pakistan:

Constitution of Pakistan provides the right of liberty to choose someone to marry with. The court marriage procedure in Pakistan is very simple which you need to complete by fulfilling a few requirements that are:
Age of marriage according to Islam is the age of puberty. And as per Law, the age of marriage is the age of majority that is 18 years.
Marriage in Pakistan is always done with the opposite s*x. Le***an or Homos*xual marriage in Pakistan is a punishable offense.
Wedding couple should have free consent to do Nikah.
Required Documents for Court Marriage in Pakistan:
Marriage couple must have valid CNIC or Passport or can produce Matriculation certificate or Form ‘B’ in case of non-availability of CNIC or Passport.
In the event, if one partner is foreigner then Passport must be provided.
There should be two marriage witnesses.
Bride and groom 4 + 4 passport size photographs for each.
Free will affidavit from bride’s side
In case of Second marriage by the bride, valid Divorce Certificate or Death Certificate of the deceased husband.
In case of Second marriage by groom valid permission from the first wife or Arbitration Council.

Online Nikha, Court Marriage

We provide the online Nikha, Court Marriage services also.
After wedding / civil marriage, we process the nikahnama for its registration and NADRA Marriage Certificate issues from the Union Council. We also provide translation service in required languages.
To get our services for civil marriage, you may call us to discuss your matter with confidence. We never reveal your personal information with anyone at any stage. We maintain the record of our clients confidential. You can trust our ability to help you in the most effective ways. We also offer legal help for online marriage in Pakistan and worldwide. We provide best legal service with nominal cost-effective for civil marriage in Karachi, Lahore, and Islamabad.
Remember there are no specific court marriage fees in Pakistan. Your expenses depend on the required services and expertise of a seasoned lawyer including your current location and a postal address where you want to send your marriage documents after registration. Court marriage certificate issued after this due process is a strong evidence to prove the marriage.

So if you have any question about Court Marriage or you wish to get a solution for your Court Marriage Rule in Pakistan do not hesitate to call Advocate Shoaib at 0092-300 2151 013 and if you are calling from abroad you can also Whats App our law firm on the same number which will be replied by the best lawyer Advocate Ch Shoaib himself.

Online Nikha- Advocate Ch Shoaib updated their business hours.