|
Laws of Pakistan Relating to Marriage, Divorce, Custody and Maintenance |
|
|
|
 |
|
 |
|
Divorce Law of Pakistan
We have an in-depth knowledge and practice of divorce
law of Pakistan under Muslims laws relating to marriages. |
|
 |
|
|
 |
|
Other Forms of Divorce Notice
Rules
regarding notification and arbitration apply, mutatis mutandis and so
far as applicable, to delegated divorce (Talaq Al-Tafwid), or to
marriage dissolved other than by way of Talaq. |
|
 |
|
|
 |
|
Re-Marriage to the Same Husband
The
classical law regarding the requirement of an intervening marriage in
order to remarry a former husband who has repudiated the same woman
three times is retained. |
|
 |
|
|
 |
|
PROTECTION OF INTERNATIONAL & WELL KNOWN TRADE MARKS IN PAKISTAN
A
Trade Mark is entitled to limited protection in Pakistan, even if it is
not registered in Pakistan, provided that it is considered a well known
Trade Marks under the Paris Convention. The relevant law in respect of
Trade Marks, unfair competition
Read more . . .
|
|
 |
|
|
|
|
|
Relevant Statutes of Pakistan for Marriage, Divorce, Custody and Maintenance |
 |
- Guardians and Wards Act 1890
- Child Marriage Restraint Act 1929
- Dissolution of Muslim Marriages Act 1939
- Muslim Family Law Ordinance 1961
- (West Pakistan) Muslim Personal Law (Shariat) Application Act 1962
- (West Pakistan) Family Courts Act 1964
- Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Law of Evidence (Qanun-e-Shahadat) Order 1984
- Enforcement of Sharia Act 1991
- Dowry and Bridal Gifts (Restriction) Act 1976
- Prohibition (Enforcement of Hudood) Order 1979
- Offence of Qazf (Enforcement of Hudood ) Order 1979
- Execution of Punishment of Whipping Ordinance 1979
|
|
|
|
 |
Laws of Pakistan Concerning Muslim Marriages |
|
 |
Under-age Marriages
The Child Marriage Restraint Act 1929 has made under-age marriages a
penal offence. Under the Act the minimum age of marriage for a male is
18 years whereas the minimum age of marriage for a female is 16 years.
Despite the fact that under-age marriages are liable to punishment,
such unions are not rendered invalid.
Consent of Wali
According to the Hanafi school, an adult woman may contract her marriage without the consent of a wali.
Registration of Marriages
The Muslim Family Laws Ordinance (MFLO) 1961 introduced reforms
regarding registration of marriages, and in default of such
registration, penalties of fine and imprisonment have been prescribed.
Nevertheless, Muslim marriages are still legal and valid if they are
performed according to the requisites of Islam.
Polygamous Marriages
MFLO has also introduced some reforms in the law relating to polygamy.
Now, a husband must submit an application and pay a prescribed fee to
the local union council in order to obtain permission for contracting a
polygamous marriage. Thereafter, the chairman of the union council
forms an arbitration council with representatives of both husband and
wife/wives in order to determine the necessity of the proposed
marriage. The application must state whether the husband has obtained
consent of the existing wife or wives. Contracting a polygamous
marriage without prior consent is subject to penalties of fine and or
imprisonment and the husband becomes bound to make immediate payment of
dowery to the existing wife or wives. Nonetheless, if the husband has
not obtained consent of the existing wife or wives the subsequent
marriage remains valid.
Divorce/Talaq by the Husband
Under MFLO limited reforms have also been introduced in relation to
talaq. Under MFLO a divorcing husband shall, as soon as possible after
talaq has been pronounced, in whatever form, give a notice in writing
to the chairman of the Union Council. The chairman must then supply a
copy of the notice of talaq to the wife. Non-compliance is punishable
by imprisonment and/or a fine. Within thirty days of receipt of the
notice of talaq, the chairman must constitute an Arbitration Council in
order to take steps to bring about a reconciliation between the husband
and the wife. If and when such attempts to negotiate a reconciliation
fail, a talaq that is not revoked in the meantime, either expressly or
implicitly, takes effect after the expiry of ninety days from the day
on which the notice of repudiation was first delivered to the chairman.
If, however, the wife is pregnant at the time of the pronouncement of
talaq, the talaq does not take effect until ninety days have elapsed or
the end of the pregnancy, whichever is later.
Failure to Give Notice of Talaq
Failure to notify, in the above stated manner, invalidated Talaq until
the late 1970s and early 1980s, but introduction of the Zina Ordinance
allowed scope for abuse as repudiated wives were left open to charges
of zina if their husbands had not followed the MFLO's notification
procedure. Since early 1980s, the practice of the Courts in Pakistan is
that they validate a Talaq despite a failure to notify as provided
under the MFLO.
|
|
|
|
 |
|
 |
Dissolution of Muslim Marriages Act 1939
Judicial khula may also be granted without the husband's consent if the wife is willing to forgo her financial rights.
Grounds for Judicial Divorce
Grounds on which a woman may seek khula include:
- Desertion by husband for four years,
- Failure to maintain for two years
- Husband contracting a polygamous marriage in contravention of established legal procedures,
- Husband's imprisonment for seven years,
- Husband's failure to perform marital obligations for three years,
- Husband's continued impotence from the time of the marriage,
- Husband's insanity for two years or his serious illness,
- Wife's
exercise of her option of puberty if she was contracted into marriage
by any guardian before the age of 16 and repudiates the marriage before
the age of 18 (as long as the marriage was not consummated),
- Husband's cruelty (including physical or other mistreatment, unequal treatment of co-wives), and
- Any other ground recognised as valid for the dissolution of marriage under Muslim law.
|
|
|
|
 |
|
|
|
|
|
|
Falcon Law Associates. All rights reserved. |
|
|
|