Khula- Divorce- Talaq Cases Lawyers

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KHULA PROCEDURE IN PAKISTAN

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.

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.

https://www.pakistanfamilylaws.com/divorce/

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

Procedure of Khula for Overseas Pakistani
If you are a woman and you are sick and tired of your husband maltreatment then under Pakistan law you have a right to dissolve the marriage on the basis of khula.
In case women reside in a foreign country and she doesn’t want to appear before the court to get khula. Then she has to follow these steps;
She will execute a legal document called special power of attorney. In this document, she will nominate a person who will file a case in the family court on her behalf and appear before the union council.
Pakistan High Commission of her country of stay will attest to this document and sent it to the foreign office situated in Pakistan.
Once the foreign office receives the legal papers, it will counter attest them after the realization of the prescribed fee.
The person appointed in the attorney will only be authorized to appear personally before the foreign office to get the procedure done.
The person nominated will hire a lawyer in the district where the women last resided. A formal family suit will be filed.
The written statement of husband received or not just on the statement of wife the court will announce the decree of dissolution of marriage on the basis of Khula.
Once the court issues the attested copy of the decree of Khula, the nominated person will initiate proceedings before the concerned union council where the marriage took place.
The union council will take 90 days to complete their procedure and will issue a divorce certificate to the overseas wife.
This is the complete divorce and khula procedure for overseas Pakistani.
If you have any questions ask us. If you want to start legal proceedings then contact us. Calls & Whatts app: +923002151013

Legal Advisor Services in Pakistan

Do you want to get a legal advice on your civil matters, criminal matters, family matters, business matters at affordable price than you are at right place. Legal advisor in Pakistan is just 1 click away from you, guaranteed one window legal solution in Pakistan.

Team of law society Pakistan Law Firm never go into a case without knowing all the facts so we deeply work to get all the facts of case before going to any court of law, with us you will be in safe hands.

Pakistan Law firm based at Lahore Pakistan provides legal advisory services to individual clients as well companies. we also provide online legal advisory for clients, we provide our services as retainer ship and case to case basis.

The Pakistan law firm have an Advocate of Supreme Court on our panel who have more than 40 year of experience in field of law and other advocates Legal Advisor have more than 20 years of working experience and eligible to appear before the High court.

Online Legal Advisor in Lahore Pakistan

Pakistan law firm provide also online legal advisory and consultancy at very affordable rates to our clients we can manage all of your legal needs online.

we offer a variety of general litigation services such as civil corporate, banking, family, international cases in Pakistan, criminal cases in Lahore Pakistan.
So, don't hesitate to contact us on IMO, What's app, Cell: +92 300 2151 013

NADRA DIVORCE CERTIFICATE
Nadra Divorce Certificate

How to Get Nadra Divorce Certificate in Pakistan?

Documents that are issued to confirm that a divorce has been granted, including details of the specific information contained in the documents and the name of the government body that has authority to grant a divorce; whether the documents have to be registered with a government body, including the name of the government body.

In Pakistan, [a] divorce certificate can be issued by the Family Court OR the Arbitration Council [AC]. The Arbitration Council is the Local Body representative of the area in which the woman resides.
A divorce in Pakistan becomes valid 90 days after the divorce has been announced to the AC (US 8 May 2003). Section 7 of the 1961 Muslim Family Laws Ordinance provides that upon the conclusion of the 90-day period, if no reconciliation has taken place, either party may request a divorce certificate from the AC, which proclaims the date on which the divorce came into effect, thereby enabling either party to remarry (ibid.). This applies to “‘all Muslim citizens of Pakistan wherever they may be'”

The following information pertaining to the issuance of divorce documents under Muslim laws in Pakistan.

1. A confirmation certificate of divorce is issued by the authorized and designated officer under [the] Muslim Family Laws Ordinance and Rules after reconciliation by the officer pursuant to the pronouncement of Talak (divorce), have failed. This certificate usually ends with the following:

“Whereas after receipt of the letter (Talaknama) dated … … … … … … . under Section 7 of the Muslim Family Laws Ordinance 1961 and subsequent correspondence, both parties were contacted for reconciliation but no reconciliation resulted. I, therefore, confirm the divorce.

The Divorce is confirmed under my seal on the … … … month … … … .Year … … … … … authorized officer stamp … … … … … . Signed”.

Ordinance of 1961

“Section 7 (1) Any man who wishes to divorce his wife shall, as Talaq soon as may be after the pronouncement of Talaq in any form whatsoever, give the Chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife”.

“Section 7 (4) Within thirty days of the receipt of notice under Sub-Section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation”.

“Rule 5 (6) All decisions of the Arbitration Council shall be taken by majority, and where no decision can be taken, the decision of the Chairman shall be the decision of the Arbitration Council”.

“Rule 5 (7) A copy of the decision of the Arbitration Council duly attested by the Chairman, shall be furnished free of cost to each of the parties to the proceedings”.

“Rule 6 (1) of Muslim Family Laws Rules 1961: Within seven days of receiving an application under Sub-Section (4) of Section 6 or under Sub-Section (1) of Section 9, or a notice under Sub-Section (1) of Section 7, the Chairman shall, by order in writing call upon each of the parties to nominate his or her representative, and each such party shall, within seven days of receiving the order, nominate in writing a representative and deliver the nomination to the Chairman or send it to him by registered post”.

On failure of the reconciliation efforts, the councillor (who is called Chairman of the Arbitration Council) confirms the divorce by a letter/order. He cannot grant divorce as stated above only confirm it. Even if the certificate of confirmation is not issued by him the divorce becomes final after the period of statutory time meant for reconciliation according to the Supreme Court (of Pakistan) and High Court decisions.

The powers to grant divorce rests with the Family Court to whom the wife can make a petition, if she does not have the delegated powers given to her in the marriage contract by the husband whereby she can issue a letter pronouncing divorce for herself as a man would do. The Family Court of the area where she resides has powers to grant her divorce on her petition and normally would grant divorce if she shows that she is entitled to divorce on any of the grounds allowed by “Dissolution of Muslim Marriages Act 1939” or if she claims that she cannot live with him (as mandated by law and religion).

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.

حاملہ عورت کی عدت

1۔ عام عوام کہتی ہے کہ حیض یا حاملہ عورت کو طلاق دینے سے طلاق نہیں ہوتی حالانکہ طلاق ہو جائے گی۔ البتہ ساری زندگی سوچا کہ اپنی بیوی کو طلاق دوں گا مگر زبان سے نہیں کہا تو طلاق نہیں ہو گی۔

2۔ تین طلاق اکٹھی دینے سے تین طلاقیں ہو جائیں گی، البتہ اگر ایک طلاق دی اور عدت کے دوران رجوع کر لیا تو اُسے طلاق رجعی کہتے ہیں یعنی خاوند بیوی کو معاف کر کے راضی ہو گیا۔ طلاق رجعی میں عدت نہیں ہوتی بلکہ تین ماہ میں رجوع کرنا ہوتا ہے اسلئے عدت کا لفظ بولا گیاہے۔

3۔ تین طلاق ہوتے ہی عورت اپنے خاوند کے گھر میں عدت گذارے گی لیکن اس دور میں والدین اپنی بیٹی کو جلدی سے اپنے گھر میں لے آتے ہیں جو کہ قرآن و احادیث کے خلاف ہے۔

4۔ جس عورت کو طلاق ہو جائے وہ تین مہینے عدت گذارے گی، اسلئے طلاق کے بعد جب اُس کو حیض (ماہواری، خون) آئے اُس کے بعد تین حیض اُس کی عدت ہوگی۔ اگر عورت کو حیض نہیں آتا تو طلاق کے دن سے تین اسلامی مہینے عدت گذارے گی۔ حاملہ عورت کو طلاق دینے پر اُس کی عدت بچہ پیدا ہونے تک ہے، اگر بچہ دو دن بعد بھی پیدا ہو جاتا ہے، اُسی وقت اُس کی عدت ختم ہو جائے گی۔

5۔ جس عورت کا خاوند مر جائے تو اُس کے لئے عورت چار ماہ دس دن عدت گذارے گی یہی اُس کا سوگ ہو گا، سوگ شریعت میں کہتے ہیں زیب و زینت کا ترک کرنا، البتہ حاملہ عورت کا خاوند فوت ہو گیا، دو دن بعد بچہ پیدا ہو گیا تو اب وہ نکاح کر سکتی ہے اُس کا سوگ ختم ہو جاتا ہے۔

6۔ عدت میں عورت کا نکاح کرنا حرام ہے، اگر نکاح کر لے گی تو نکاح نہیں ہو گا، خاوند کے علم میں ہو کہ عدت میں ہے لیکن پھر بھی نکاح کر لے تو دونوں گناہ گار ہیں۔ توبہ کریں اور دوبارہ نکاح کریں گے۔ عدت میں عورت کو نکاح کا پیغام باقاعدہ طور پر نہیں دے سکتے، البتہ اشارتاً دے سکتے ہیں۔ عدت کے بعد کوئی صدقہ کرنا یا اپنوں کے گھر رہنے جانے کا حُکم شریعت کا نہیں بلکہ عوام کی اپنی سوچ ہے۔

7۔ متعہ، نکاح مُسیار، ارینجڈ حلالہ اور عُرفی جیسے نکاح جائز نہیں بلکہ حلالہ کا مسئلہ بھی حل ہو جائے گا، اگر عوام کو شعور دیا جائے کہ تین طلاق کبھی نہ دے اور یہ شعور عوام نے اپنے نسلوں کو خود دینا ہے۔ اس دور میں کوئی شرعی نظام نہیں ہے کہ کوئی عوام کو سزا دے گا، عوام اسلئے خود قیامت کے ڈر سے اپنے آپ کو بہتر بنا سکتی ہے، ہمیں یہ مسائل اپنے بچوں کو سکھانے ہوں گے ورنہ ہم مجرم ہیں۔

COURT MARRIAGE PROCEDURE IN PAKISTAN
court marriage in pakistan
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 West 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*xThe 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 NIC or Passport or can produce Matriculation certificate or Form ‘B’ in case of non-availability of NIC 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.
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 herself.

CHILD CUSTODY RULES

Child custody is a burning issue for every divorce in Pakistan, which makes both parents to know about child custody laws. Each parent seeks every kind of legal provision to gain custody of their child even though being a single parent is tough.

Child welfare is the key factor taken into consideration by the court while granting custodial rights to any parent. Thus, aspects such as financial stability of parent, reported misconduct, character and capacity of parent are given importance.
The courts grant physical rights to one parent, however increased number of cases have seen shared legal responsibility and guardianship of any children. Thus custodial laws in Pakistan can also be classified as physical and legal.
According to the judicial system established in Pakistan, the legal right over minors implies that the parent is solely responsible for the welfare of the juvenile in question.

While dealing such issues, the court considers the preference of the minor in question, if he/she is old enough to form an intelligent preference.

Traditionally in Pakistan, mothers were given ownership of minor, but the trend has been showing signs of change. More and more women are opting for career driven lives, which may not enable them to bring up their children as a single parent.

Legal Age of Child Custody after Divorce

In Pakistani Laws the custody of a minor is given to the mother, this right is called as right of hizanat. But after the age of seven years, the mother’s right over the son ends however it is not an absolute right; it is made in the interest of the boy.

Girls are given to mothers until they attain puberty. One important aspect of this law is that the conduct of the mother is of great importance, and if that is found ‘objectionable’, she may not be given custody rights. The father has the right to custody after the mother’s term ends by the court of law. In case of the absence of both parents, the grandparents are offered the custody of the child.

However, an important point to be noted is that irrespective of the customs or personal laws, any parent who wants custody of a child and cannot reach a settlement has to seek custody separately from the Court. There is never any automatic transfer of a child’s custody to a particular parent.

We have Legal experience in Child custody and child adoption cases
If you do have a similar case or need any help regarding the same then please do not hesitate to call us or contact through our website. Our best lawyers will be happy to assist you with their free legal advice on your child custody or adoption case.

So if you have any question about Child Custody Rules or you wish to get a solution for your Child Custody Rules 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 herself…

Divorce Laws In Pakistan
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 herself.

TALAQ PROCEDURE IN PAKISTAN
Nadra Divorce Certificate
N
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

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