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All talaqs, the third of which cannot be revocated, should be treated as a single and revocable talaq. Creating formal procedures for reconciling, notifying, and recovering mahr. Since most Talaqs were not notified in the 1960s and 1970s, many of them became invalid. The practice of talaq was also reformed in accordance with classical law. Whether the husband is mentally ill and/or abnormal can be grounds for dissolution of marriage filed by the wife if he has been absent for more than two years.
Divorce or Talaq is mostly given by the husband with the intention to release the wife from the marital relationship, it is also known as Talaq e Hasan. It is an absolute right of man to dissolve his marriage by uttering the word of talaq three times or sending the wife a legal notice of divorce. After the first and second pronouncements, the said form of talaq is revocable, but after the third pronouncement, it is irrevocable. It is important to inform the wife about the divorce and should be in written form. One copy of divorce papers should be sent to the wife and the other should be submitted in the Union Council. Within the period of 90 days, the talaq can be revoked which is called ‘ruju’.
In this form of divorce, both husband and wife agree to dissolve the marriage with mutual consent, it is called Talaq e Mubarat. A couple who are in mubarat are glad to be free of one another. In mubarat, the wife or the husband can initiate the separation offer, and if it is accepted the dissolution is complete. There is no need for a court to determine the divorce since it goes into effect as one irrevocable divorce.
Khula is the one category among the dissolution of marriage in which a woman can dissolve her marriage by filing a suit in the court. This matter is undertaken judicially. Children’s education and maintenance are the responsibility of the husband following a divorce. Daughters and sons live with their mothers until they reach the age of Hizanat, which is seven years for sons and puberty for daughters.
After a child reaches the age of Hizanat, he or she may live with either his or her parents. In addition, their opinion will be considered by the court, but it will not be deemed as conclusive. The Khula is sought by women, whereas Talaq are sought by men. Couples can also reconcile during the Iddah period.
According to the Dissolution of Muslim Marriages Act (1939), if the wife is willing to give up her monetary rights, a judicial khula may also be granted without the husband’s consent. Khula suits require the wife to waive off her haq mehr/dower amount if it hasn’t been paid when filing. It is not necessary to return gifts given by the husband or his family to the wife. The court determines how much and what to return based on the facts and other evidence in the case. Even if the wife does not return these items, khula is still effective. A separate suit must be filed by the husband to recover the donated items. A decree will be issued by the Family Court after the hearing and forwarded to the Chairperson of the Arbitration Council or the Union Council. Upon issuance of the Talaq notice, Khula takes effect 90 days later.
Since 1985, Right Law Associates, the expert law firm in Pakistan, has been serving you with all your legal needs. Our objective is to provide our clients with professional legal consultation in all family law issues, including divorce / khula, financial law, criminal law, and other civil litigation matters. Please feel free to ask us any questions about legal issues in the comment section or by emailing us at [email protected] You can reach one of our expert lawyers at any time. You can schedule an appointment by calling 0331-6644789