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| Complete Procedure of Divorce (Talaq) Pakistan 2021 |
In the name of ALLAH, the most beneficent, the most merciful
1. What is Divorce (Talaq)?
2. Relevant law of divorce (Talaq).
3. Writing a Divorce Deed.
4. Divorce Deed format.
5. Writing application for divorce to Arbitration Council / Union Council.
6. Union council Divorce procedure/ Proceedings
7. Format of Talaq Certificate (Divorce Effective Certificate)
1. What is Divorce (Talaq)?
The Divorce (Talaq) is a way, by which, the marriage can be dissolved by husband. Though there are other ways as well, by which, the marriage can be dissolved like through Court (Khulah), through Talaq-e-Mubarat (divorce through Mutual understanding of husband & wife), Talaq-e-Tafweez (in which wife uses the right of divorce, if delegated), but in this article, I am going to discuss specifically about Divorce (Talaq) by husband, how to write divorce? What is the law about divorce? what are the proceedings of Union Council? And how divorce becomes effective under the law of
As per Injunctions of Islam, the right of divorce had been conferred upon man who can give divorce to his wife at any time and no encumbrance was put upon the man to give divorce to his wife though the same is one of the things most disliked by ALLAH.
2. Relevant law of divorce (Talaq):
The relevant section of Talaq under Pakistani Law, is section 7 of “The Muslim Family Laws Ordinance 1961” which is reproduced hereunder:-
7. Talaq.–
(1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq 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 (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
(3) Save as provided in sub-section (5), 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 (1) is delivered to the Chairman.
(4) Within thirty days of the receipt of notice under sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.
(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effect until the period mentioned in sub-section (3)] or the pregnancy, whichever be later, ends.
(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.
3. Writing a Divorce Deed:
1. First of all, all the efforts should be made for reconciliation between husband and wife but if all the reconciliations efforts are ended in smoke, then the husband can pronounce / write divorce but Keep in mind, the husband should avoid from pronouncing divorce for three times at once rather he should pronounce/ write only one Tallaq called “Talaq Ahsan”. (the best way)
2. Primarily we have three kinds of Tallaq under Muslim Law i.e. (1) Talaq-e-Ahsan (2) Talaq-e-Hassan (3) Tallaq-e-Bain.
3. As far as Talaq-e-Ahsan is concerned it can be pronounced in a manner i.e. by single pronouncement made during "Tuhrs" followed by abstinence from going to wife to establish marital relationship till Iddat period.
4. Talaq-e-Hasan is another method of pronouncement of divorce through successive three "Tuhrs" without establishing physical relationship with wife in any of the three Tuhrs and this divorce is called Talaq-e-Hassan.
5. The third way of divorce by husband is through pronouncement made through single "Tuhr" either in one sentence or in separate sentences. This clearly indicates an intention of "irrevocability" of divorce.
6. Talaq-e-Ahsan becomes irrevocable on expiry of Iddat period; Talaq-e-Hasan becomes irrevocable on the third pronouncement irrespective of Iddat period and Talaq-e-Bain becomes irrevocable immediately on its pronouncement irrespective of Iddat.
7. The Divorce Deed can be written on Stamp Paper worth Rs. 50/- or Rs. 100/-. Keep in mind, you should also write down the names of two witnesses and obtain their signatures as well. How to write Divorce Deed? and what is format of divorce deed, see below:-
4. Divorce Deed Format in
Click here to download First Divorce in urdu
Click here to download Second Divorce in urdu
Click here to download Third Divorce in urdu
Click here to download First Divorce in English
5. Writing application for divorce to Arbitration Council / Union Council:
1. After you have written-down divorce deed, you should also write an application to concerned Union Council for intimating it regarding pronouncement of divorce. Along with this application, you should also submit copy of Divorce Deed to the concerned Union Council/ Arbitration Council.
2. How to write application to Union Council for further process of divorce:-
Click here to download application for divorce effective certificate to Union Council
6. Union council Divorce procedure/ Proceedings:
1. After you have written Divorce Deed (Talaq Nama) and the application, go to concerned union council along with all relevant documents Nikah Nama etc and submit the same to the Union Council.
2. The Arbitration Council shall call both the parties on few dates, and try to effect reconciliation, if no reconciliation is effected between the parties, it shall issue a Divorce Effectiveness Certificate (Talaq Certificate) after 90 days of the receiving of the notice by husband.
7. Format of Talaq Certificate (Divorce Effective Certificate)
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| Divorce Effective Certificate - Talaq Certificate format |
great information
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