In Pakistan, marriage dissolution differs depending on the religious regulations that apply to the parties involved. The following is a full explanation of marital dissolution under Muslim, Christian, and Hindu laws in Pakistan, along with the relevant parts of the law.
1. Dissolution of Marriage in Muslim Law a. Talaq (Divorce by Husband)
The spouse can start Talaq either orally or in writing.
After pronouncing Talaq, the spouse must tell the Union Council in writing promptly.
After receiving the notice, the Union Council convenes an Arbitration Council within 30 days to try reconciliation between the husband and wife.
If reconciliation efforts fail, the divorce will take place 90 days after the notification was delivered.
Relevant law: Section 7 of the Muslim Family Laws Ordinance, 1961.
This provision demands notice to the Union Council as well as the reconciliation procedure.
Failure to Notify: If the husband fails to notify the Union Council, the Talaq is regarded legally ineffective.
b. Khula (divorce by wife) Procedure:
A wife might obtain Khula by bringing a claim in Family Court.
She must announce her desire to give up her Mehr (dower) or return it to her husband.
The court may endeavour to reconcile the parties.
If reconciliation fails, the court may award Khula and issue a decree of dissolution of marriage.
Court-ordered divorce
The Dissolution of Muslim Marriages Act, 1939 permits wives to seek divorce on the following grounds:
Cruelty or repeated assault: Section 2(viii).
Desertion: The husband has left his wife for four years (Section 2(ii)).
Failure to maintain: The spouse has not provided maintenance for two years (Section 2(iv)).
Impotence: At the time of marriage, the spouse was impotent and continues to be so.
Insanity or serious illness: The spouse has been mad for two years or is very ill (Section 2(vi)).
Imprisonment: The husband has served at least seven years in prison (Section 2(iii).
Any additional basis recognised by Islamic law: Section 2(ix).
Procedure: The wife files a lawsuit in Family Court.
Prior to issuing a divorce decision, the court may seek reconciliation.
Mubarat (Mutual Consent) is a divorce in which both parties agree to end their marriage.
It does not necessitate court action.
Relevant Law: Mubarat is controlled by Islamic principles, hence there is no explicit law provision in place.
2. Marriage Dissolution under Christian Law: Divorce Act of 1869.
Grounds for Divorce:
Section 10 covers adultery, conversion to another faith, cruelty, two-year desertion, failure to consummate marriage, and procedure.
A petition to dissolve a marriage must be filed in civil court.
The court will hear testimony and make an attempt at reconciliation.
If the reasons are proved, the court may issue a decree.
3. Dissolution of Marriage Under Hindu Law Reference: Hindu Marriage Act, 2017.
Grounds for Divorce:
Section 14 covers adultery, cruelty, desertion for two years, conversion to another faith, mental illness, irretrievable breakup of marriage, and procedure.
Divorce petitions must be filed in Family Court.
The court will endeavour to reconcile.
If reconciliation fails and the reasons are confirmed, the court may issue a judgement of dissolution.
Dissolution of Marriage Under the Special Marriage Act, 1872
Applicable to: Anyone who married under this statute, regardless of faith.
Relevant Law: Special Marriage Act of 1872.
Grounds for Divorce:
Adultery, cruelty, abandonment, conversion to another faith, or any other legitimate reason.
Procedure:
Dissolution petitions must be filed in civil court.
Following the hearing, the court may give a dissolution decree.
Conclusion
In Pakistan, divorce rules vary based on the religion of the people involved. Each legislation establishes distinct grounds and processes for getting a divorce. Compliance with these rules and processes is required to guarantee that the divorce is legally recognised.