Law Of Talaq in Pakistan:
Law as ordained or Holy Qur'an is that procedure of Talaq in Pakistan must be for a reasonable cause; and(ii) that must be proceeded by an attempt of reconciliation between her husband and the wife by tw2 arbitrators, one appointed by the wife from her family and the other by the husband from his family. If their of attempts fail Talaq may be effected. Modes of pronouncement of talaq in Pakistan may vary. Contract of marriage under Muslim Law, can be dissolved, inter-alia, by husband at his own will without intervention of a any Court or by mutual consent of husband and wife or by a decree by court on a suit filed by any of the spouses. Divorce in Pakistan when proceeded from the side of husband, it is called "Talaq' and when it is effected by mutual consent it is called "Mubaraat' according to terms of Contract between the spouses.
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Talaq in Pakistan can be pronounced in three different manners:
Talaq in Pakistan can be pronounced in three different manners i.e., by a single pronouncement made during "Tuhrs" followed by abstinence from going to wife to establish marital relationship till "iddat' period and that Talaq or Divorce is called "Talaq-e Ahsan". Other method of pronouncement of divorce is three "Talaqs' by Husband establishing physical relationship with wife, in any of the three "Tuhrs" and this divorce is called "Talaq-e-Hasan. 3rd way of divorcing by husband is the way of three pronouncements made during a single "Tuhr" either in 1 sentence for example " I divorce you thrice" or in separate sentences i.e., "I divorce you, I divorce you, I divorce you" or a single pronouncement made during a "Tuhr clearly indicating an intention of irrevocability of divorce i.e., I divorce irrevocable/complete on expiry of lddat period. Talaq-e- Hasan becomes irrevocable/complete on the third pronouncement irrespective of lddat period and Talaq-e- Bain pronouncement irrespective of lddat. Ingredients of Talaq in Pakistan must be fulfilled.
Family Laws Ordinance:
Provisions of S. 7 of Muslim Family Laws Ordinance, 1961 had stipulated three steps to pronounce Talaq; firstly it had to be verbally pronounced; as mandated by pronounced in any form whatsoever, which would mean that in any prevalent mode i.e., one's own language or in Arabic as some sets prescribed in that behalf; thirdly, verbal pronouncement of Talaq in Pakistan had to be reduced into writing and had to be conveyed to the Chairman of Union Council with a copy to the wife. Failure to strictly comply with said procedure of divorce in Pakistan would not, invalidate Talaq. Necessary requirement or ingredients of divorce in Pakistan was a conscious and willful pronouncement of divorce in Pakistan with intention to release wife from marriage bond.
Failure to follow said procedure could entail or be followed by punishment prescribed under succeeding subsection (2) of S. 7 of Muslim Family Laws Ordinance, 1961, but validity of Talaq procedure in Pakistan or separation of spouses from the marriage bond would not be affected. Divorce pronounced by the husband upon the wife having not been revoked. Divorce deed was not the requirement of law to be written on a stamp paper. Misreading/non-reading of material evidence by Courts below results in miscarriage of justice. Concurrent findings of Courts below on question of Khula' were declared to be without lawful authority and of no legal effect. Wife's suit for dissolution of marriage on ground of Khula' subject to condition that wife would not claim maintenance or dower from husband was decreed by High Court in Constitutional jurisdiction. Written Talaq