01/02/2023
Marriage and Divorce.
In Pakistan, divorce is governed by the Muslim Family Law Ordinance (1961) which applies to Muslims and the Dissolution of Muslim Marriages Act (1939) which applies to non-Muslims.
Under the Muslim Family Law Ordinance, a man can divorce his wife by pronouncing the talaq (divorce) to her, either in a single sentence or in three separate sentences in three successive menstrual cycles. A woman can also seek khula, which is a divorce initiated by the wife, but it requires the intervention of the court and the wife must return any dowry or gifts given to her by the husband or his family.
The Dissolution of Muslim Marriages Act, however, allows for divorce on the grounds of cruelty, desertion, and other grounds as specified in the Act. In addition, the court can also grant a divorce if the marriage has irretrievably broken down.
In recent years, there have been calls for reform of the divorce laws in Pakistan, specifically in regard to the practice of instant divorce or "triple talaq". In 2017, the Supreme Court of Pakistan declared the practice of triple talaq to be unconstitutional.
In addition to this, Pakistan also have laws for "khula" which is initiated by wife and its a process where wife can get divorce from husband by returning the dower or gifts given to her by the husband or his family.
It is worth mentioning that, Divorce rate in Pakistan is relatively low compared to other countries but it's still considered as a sensitive and painful issue in the society.
it is important for individuals to be aware of their rights under the Family Law regime. This includes understanding the laws related to marriage, divorce, child custody, inheritance, and other family-related matters. By being informed about their rights, individuals can ensure that they are treated fairly and in accordance with the law.
By being aware of one's rights, individuals can protect their interests and ensure that their rights are respected and upheld in the event of a legal dispute.
