Dissolution of marriage in Pakistan means putting an end to the marriage relationship. Dissolution of marriage in Pakistan can be at the instance of husband or wife. When the Dissolution of marriage in Pakistan in initiated through the husband it is called talaq and when Dissolution of marriage in Pakistan is initiated through wife it is called khula in Pakistan. Procedure of talaq from husband is different from procedure of khula in Pakistan through wife. Both the procedures are different in nature. The law of dissolution of marriage in Pakistan by the way of talaq is different and law of dissolution of marriage by the way of khula in Pakistan is different. For khula the wife needs to approach a family court in Pakistan through a divorce lawyer in Pakistan and for Talaq the husband needs to approach arbitration council through a divorce lawyer in Pakistan in order to get a divorce decree or certificate. Dissolution of marriage in Pakistan can also be done by the death of any of the spouse. When any of the spouse dies then in such case there is no need to follow a divorce procedure in Pakistan and the husband or wife don’t need to approach a family court or arbitration council. In case of death of any of the spouse all what is required is a death certificate. A death certificate is only required and is the only document required for the purpose of second marriage of the any of the spouse.
In dissolution of marriage in Pakistan by the way of talaq the husband has to give haqmehar or dower amount to the wife as contracted in the marriage and in case of dissolution of marriage in Pakistan by the way of khula, the wife have to return 25% of haq mehar if already received by her or have to surrender 50% of haqmehar ( dower amount ) if not received by her. In case any of the party husband or wife default in non payment of the dower amount the other party have the right to him or her in the family courts of Pakistan. Dower amount is the legal and sharia right of the spouse and if any party is not giving the haqmehar he or she can approach the court in this regard. Talaq is the right of husband and husband can dissolve the marriage by the way of talaq without any reason. A husband for the purpose of divorce don’t need any reason to divorce the wife whereas a wife needs a reason for taking khula from the husband. The grounds on which a wife can take khula from husband is mentioned in the law and it is the duty of a divorce lawyer in Pakistan engaged by the wife to prove the grounds of divorce mentioned in the case. A judge or a qazi after hearing the parties and after the arguments of a divorce lawyer passes a divorce decree of khula. For any information regarding dissolution of marriage in Pakistan feel free to contact Advocate Nazia at 00923244207207