Basic Guide On Provisions for Talaq in Pakistan

Provisions for Talaq in Pakistan:

If you wish to know the provisions for talaq in Pakistan or Pakistani divorce certificate, you may contact Jamila Law Associates. The commission was mandated to report on “the proper registration of marriages and divorces, the right to divorce exercisable by either partner through a court or by other judicial means, maintenance and the establishment of special courts to deal expeditiously with cases affecting women’s rights.” The commission published its report in June, while the dissenting note of Maulana Thanvi was published separately in August. The commission’s report invited severe criticism from the ‘ulama on talaq in Pakistan or Pakistani divorce certificate. A detailed discussion of the commission’s report is beyond the scope of this work.

Enactment of laws:

The commission recommended the enactment of laws providing that three divorces in one session would amount to one pronouncement, and for a divorce to be effective, two further pronouncements in two successive tuhrs would be necessary. Moreover, they added that the legislation should provide that no person would be able to pronounce a divorce without obtaining an order to that effect from a matrimonial and family court.

Moulana Thanavi:

Moulana Thanavi rejected outright the commission’s recommendations by stating that “[t]o put a restriction on the exercise of this right by making it ineffective if talaq is not registered or not authorized by the Matrimonial and Family Laws Court on talaq in Pakistan or Pakistani divorce certificate, not only amounts to tampering with the injunctions of the faith but also putting obstacles in the way of dissolution even when it becomes necessary and desirable.” Because of the intense hostility of the ‘ulama to the commission’s recommendations relating to divorce, the framers of the MFLO ignored the idea of court intervention in divorce.

Pakistani Divorce Certificate:

The provisions on talaq in Pakistan or Pakistani divorce certificate of the section of the MFLO relating to talaq are reproduced herein below: 1. Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in Pakistan or Pakistani divorce certificate in any form whatsoever, give the Chairman notice in writing of his having done so and shall supply a copy thereof to the wife. 2. Whoever contravenes the provisions of sub-section () shall be punishable with simple imprisonment for a term which may extend to one year or with a fine which may extend to five thousand rupees or both.

Sub Section:

  1. Save as provided in sub-section (), a talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section () is delivered to the chairman. 4. Within thirty days of the receipt of notice under sub-section (), the chairman shall constitute an arbitration Council for the purpose of bringing about the reconciliation between the parties, and the Arbitration Council on talaq in Pakistan or Pakistani divorce certificate shall take all steps necessary to bring about such reconciliation. 5. If the wife is pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in the sub-section () or the pregnancy, whichever be later, ends.

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