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Divorce Law & Divorce Lawyers in Islamabad, Rawalpindi, Karachi & Lahore

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Divorce Law & Procedure of Divorce & Khula in Pakistan

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Divorce Lawyers in Islamabad, Rawalpindi, Karachi, & Lahore

Divorce Law & Divorce Lawyers in Islamabad/Rawalpindi, Karachi & Lahore: Divorce Procedure in Pakistan and Divorce Lawyers in Karachi, Islamabad, Rawalpindi and Lahore, Pakistan. Khula is also a type of divorce, which is the right of a wife to get divorce (talaq) from her husband.

Divorce Lawyers of our Law Firm in Islamabad, Rawalpindi, Karachi and Lahore

As a modern-style law firm, Right Law Associates (Pvt) Limited has a division dedicated to divorce & family law that provides comprehensive family law services to our clients on a wide range of legal issues. For instance, divorce (talaq), khula, child custody, adoption, child and wife maintenance, dower disputes, and other legal issues related to family law, civil litigation, business law and arbitration are included.

Divorce, Khula and other family disputes are dealt by our experienced divorce lawyers

 

Dedicated Division For Divorce & Family Legal Matters

 

Khula, divorce and other family disputes are most often resolved by our experienced divorce and family lawyers in the Family Law Section. The definition of marriage is a union between two people who will live together for the rest of their lives. By contrast, divorce (talaq) or khula terminates the marriage bond in accordance with the law. 

Divorce, By Way of Khula in Islam

 

Married women in Islam are entitled to a divorce if they separate from their spouses through Khula (divorce). The husband is responsible for providing for the children’s education and other expenses after a divorce.

Divorce (Talaq) is not encouraged in Islam, however, in some circumstances, marriage can end in divorce, and Muslims can remarry if they want to.

There are some differences among various Fiqas of Islam regarding divorce (Talaq):

  • According to Sunni Muslim law, divorce (Talaq) does not require witnesses. The husband must declare his desire for divorce three times with a month’s waiting period between each declaration. 
  • According to Shi’ah tradition, two witnesses must sign a Divorce Deed and a three-month waiting period must be followed.

Right To Dissolve a Marriage is TALAQ (Divorce)

Divorce case is file by Divorce Lawyers or Divorce Attorneys. Our divorce lawyers & divorce attorneys are the best.

 In Islam, the right for the spouse to dissolve a marriage contract is recognized, so the right to dissolve a marriage contract is available to both spouses. By way of talaq, the husband has an unalienable right to divorce his wife. Similarly, a wife can exercise her right to divorce by filing khula. The term ‘khula’ refers to the process of divorce initiated by a woman. The woman is required to wait for a period of time to ensure she is not pregnant.Divorces must be legalized in order to be effective, regardless of whether the marriage was dissolved through talaq or khula. The dissolution of the marriage certificate must be obtained from the concerned public  office i.e.  Union Council. According to Islamic scholars, however, once the divorce has been announced by the husband and a khula has been obtained from a court, it is effective and binding.

Husband’s Right of Divorce (Talaq) & Its Legal Procedure

Divorce Lawyers or attorneys protect right of divorce and use the right of divorce on client's behalf.

Right of Divorce can be used through an Attorney

Divorce law,: Divorce lawyer, divorce attorney and divorce advocate or divorce solicitor have same job

Husbands have the unilateral right to talaq if they wish to divorce. The Islamic Family Law’s Ordinance Section 7 specifies that the husband may either pronounce talaq orally or use a legal document. It is the husband’s responsibility to send a divorce notice to Union Council or the appropriate government office by registered mail. By providing his ex-wife’s address, he authorizes the government office to send her notices by registered mail and to form an arbitration council within 30 days of receiving the notice for the purpose of reconciliation and settlement, if possible. With this legislation, women are protected against unrecorded divorces. A woman who had been divorced but remarried without proper documentation may be punished for bigamy and sentenced to seven years in prison. The talaq notice can be served on a wife only by her father, mother, adult brother, or sister with permission from the concerned government office. Following the receipt of the Talaq notice by the government office, the office will issue a certificate confirming the Talaq is valid for the husband and wife after a period of 90 days (known as IDDAT).

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Talaq e Tafweez & Mubarat (Mutual Divorce):

In this case of Talaq e Tafweez & Mubarat, the husband and wife will have to sign a Mutual Divorce Deed and give written notice to the relevant government authority under sections 8 and 9 of the Muslim Family Law Ordinance. Dissolution of the marriage certificate must be issued after the government office has followed the notice issuance procedure.

Wife’s Right of Divorce is called Khula in Islam

In order for the wife to dissolve her marriage on her own, she must have been unconditionally granted the divorce right in her marriage contract or nikah nama by her husband. A wife without the right of divorce may dissolve her marriage by applying to the Family Courts of Law for Khula, also known as legal divorce or dissolution of marriage.

Dissolution of Muslim Marriages Act 1939:

As per the Dissolution of Muslim Marriages Act 1939, a wife can also be granted judicial khula without the consent of her husband if she is willing to surrender her financial rights.

 A woman may seek dissolution of marriage for the following reasons:

  •     Abandonment by husband for 4 years
  •     Neglecting the wife for 2 years
  •     An individual who marries more than one woman (polygamy)
  •     Seven years imprisonment of the husband
  •     An impotent husband
  •     Illness or insanity of husband for two years
  •     The husband is physically abusive. 

If the wife files a Khula suit, Haq-Mehr and other benefits must be returned as Zar-e-khula.

Right Law Associates can assist you with divorce / khula:

Right Law Associates has been providing divorce and khula services in Pakistan since 1985. With a focus on financial law, criminal cases, and civil litigation, we provide professional legal advice to our clients. We welcome your questions regarding legal issues in the comment box or by email at [email protected]. We have a team of expert lawyers at your disposal. Call 0331 6644789
 to schedule an appointment.

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Our Attorneys
Syed Mohsin Ali Shah, Senior Family Lawyer & Corporate Tax Advisor
Syed Mohsin Ali Shah, Family Lawyer & Chairman Qanoon Group
Phone : +92316-6644789

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