The Nikahnama is defined as the legal contract between the two Muslim partners, where the terms and conditions are marked in an official document. Following the Muslim Family Laws Ordinance 1961, it is the ultimate proof of your legal marriage that you and your partner agreed to devise a set of obligations and binding terms. The husband has the authority to grant the right of divorce to his wife in the ‘Nikahnama’. If somehow, the conditions turned out to favour the wife, she has the complete authority to file for the divorce.
Any person, who is a husband and has reached adulthood, and possesses a good state of mind, may have the right to divorce his wife with presenting a valid reason.
Such a situation is termed as ‘Talaaq’. However, reforms have been introduced in the Muslim Family Laws Ordinance (1961), where a divorcing husband shall meet a certain set of criteria for the execution of ‘Talaaq’. First of all, the husband should present the formal notice in writing to the chairman of the Union Council’s office.
The chairman of the Union Council is then bound to provide the wife with a copy of the notice. The chairman must hold a council within 30 days and take appropriate steps to reconcile both parties.
However, if the attempt to conduct reconcilement fails to proceed, a divorce is initiated, effected from a fixed period of 90 days from the date of notice to the respective chairman. Individuals failing to comply with the given procedure might lead to a fine or, in some cases, imprisonment.
It is defined as a situation where the female or the woman has the power of divorce. If a woman is ready to let go of the claim of ‘Mehar’ (financial bond, a husband is compliant to pay), only, in that case, she can exercise the right of ‘Khula’ through judicial interference.
There are multiple factors through which a wife can obtain ‘Khula’. The list of these factors include:
However, suppose a woman is married at age under 15 years. In that case, the marriage is not completed, and if she prefers to terminate the marriage before she reaches the age of maturity, i.e., 18 years of age. In that case, the marriage can be dissolved with the intervention of a judicial court.
It is a case, where the dissolution of marriage by agreement is initiated. The husband and wife relieve each other from the bond of marriage with mutual consent. The Mubarrat can be claimed by any party, i.e., husband or wife. As they both have equal rights to conclude separation following the ‘Mubarrat Divorce’.
A marriage relationship is one of the only things that could support you build a prosperous life, but sometimes things do not work out as expected. In such a case, the ‘Islamic Law’ supports a provision for both parties’ betterment, i.e., husband and wife. In numerous cases, the women are allowed to initiate the right of divorce.
However, if the husband takes the initiative in divorce, then the wife is eligible for receiving a claim of Mehar. However, financial support for children has always been the father’s responsibility in Pakistan, either in marriage or after divorce. The court has the authority to power forceful payments of child support and maintenance amount, aligned with a specific portion of income.
After the divorce, a wife is eligible to demand:
In the light of Islamic law, the child’s custody should be handover to a Muslim, who should rather possess good physical and mental health. The guardian must also be in a sustainable position to meet, expectations of the child.
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