Divorce By Husband (Talaq - طلاق)

[Note1 : “Triple Talaq” (saying ‘Talaq’ 3 times) is not valid in Pakistan.]

[Note2 : If the wife is pregnant at the time of Talaq is pronounced, the Talaq will not be effective until the expiry of the 90-day period or the pregnancy, whichever date is later.]

[Note3 : Failure to abide by the lddat period is considered a crime and may lead to imprisonment for up to one year and/or a fine of up to Rs5000, plus the divorce will not be legally valid. Even if the new marriage takes place just one day prior to the end of lddat, the new marriage will not be legally valid.]

As per Muslim Personal Law and under section 7 of the Muslim Family Law Ordinance (MFLO) 1961, the husband can pronounce ‘Talaq’ orally as well as by way of Deed of Divorce. However, the husband is duty bound to dispatch 3 written notice + Copies of Arbitration Council by registered post to the wife’s concerned Union Council or government office (near wife’s residence) in charge for issuance of divorce certificates with the intervals of 30 days for each notice and the date of each notice should be considered as the date on which the notice was dispatched.

<Notices Served to both parties for hearings in Arbitration Council>

In the said notice, the husband must mention the address of his ex- wife, thereby enabling the union council or the government office to issue notices to her by registered post on a Rupee paper affidavit, in pursuance of which, it shall constitute or refer the same to the Arbitration Council within 30 days of receipt of notice for the purpose of reconciliation and settlement between the husband and wife, if possible.

[The purpose of introducing this legislation was to protect women from an instant and unrecorded divorce, so that if a woman re-marries, she is not faced with a frivolous criminal case and sentencing. Hence, it is vital for a woman to be absolutely clear about her marital status and to have documentary proof that she is properly divorced.]

Notice of ‘Talaq’ can be served on a wife (with the permission of Union Council or concerned government office) through her father, mother, adult brother or sister – but no other relatives. If this is not possible because her whereabouts are unknown and notice cannot be served on her through her immediate family, the husband can still serve notice through a newspaper approved by the concerned government office.

Once the ‘Iddat period’ i.e. the waiting period, which is 90 days from the date the concerned government office receives the ‘Talaq’ notice, is over, the office will issue a Certificate of ‘Talaq’ being effective to the husband and wife. It is pertinent to note that the ‘Talaq’ is not effective until the expiry of “Iddat period’ and failure to abide by law will cause a simple imprisonment for up to one year and/or a fine of up to Rs. 5000/-. Therefore, a great deal of importance has been attached to the registered notice of ‘Talaq’.

Further, a verbal ‘Talaq’ is not recognized by law and the husband’s failure to send written notice to the government office is treated as ineffective divorce in law. Even if the Union Council issues a certificate of talaq, if notice was not properly served on the wife, the talaq can be challenged.

{However, it is also important to note that as per Islamic Scholars, divorce once pronounced by the husband and ‘Khula’ once obtained from the court of law is effective and binding.}

If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in Sub-section (3) or the pregnancy, whichever later, ends.

IMPORTANT: “Date of Notice for conciliation” AND “Date of effectiveness of divorce” must have gap of 90 days for woman to observe ‘iddat period’.

BE CAREFUL : The time you give notice to the Union Council of intention to divorce, they need to wait 90 days before they can issue a divorce certificate. So, for example, if your notice was on June 13, 2018, the divorce certificate has to be dated 90 days after the notice which would be September 11, 2018. If your notice for divorce was June 13 2018 and your divorce certificate is dated before September 11 2018, then your divorce was not correctly registered. Therefore, your current wife is not recognized as your legal spouse under Canadian Laws for immigration purposes.

Procedure:

→ 1. The man informs his Union Council in writing by registered post of his intention to divorce his wife. This is usually done on Rupee paper affidavits. In this notice, he must give his wife's address. Failure to do this means the divorce is not valid in law. 

→ 2. Within 30 days of the initial notice, the Union Council forms an Arbitration Council and writes (by registered post) to the wife to inform her of the notice of divorce. If the notice cannot be served on the wife, it may be served on her father, mother, or adult sibling, (no other relatives) with the permission of the relevant Union Council. If that is still not possible, the notice can be served through a newspaper, as approved by the relevant Union Council. 

→ 3. The Arbitration Council seeks to reconcile the married couple by inviting them (or their representatives) to 3 meetings. If reconciliation is not possible, the procedure continues. 

→ 4. All parties must wait 90 days (Iddat for reconciliation) from the date the Union Council receives the initial notice of divorce before the divorce becomes final. 

→ 5. The Iddat period is 90 days from the date the concerned government office receives the Talaq notice. 

→ 6. During the Iddat period, the Arbitration Council will issue 3 notices to reconcile. 

→ 7. After the reconciliation period is over, the Union Council will issue Talaq Nama (Certificate of Divorce) making the divorce effective. This certificate will be signed by the Secretary or Chairman of the Union Council.