Karachi Divorce Law and Procedure
Divorce is a complex and sensitive issue that affects many families in Karachi, Pakistan. The divorce law and procedure in Karachi are governed by the Muslim Family Laws Ordinance, 1961, and the Dissolution of Muslim Marriages Act, 1939. This essay will provide an overview of the divorce law and procedure in Karachi, including the grounds for divorce, the divorce procedure, and the required documents.
Grounds for Divorce
In Karachi, divorce can be obtained on various grounds, including:
- Khula (Khula by court) Khula is granted by the court, when husband is not ready to pronounce Talaq and wife wants dissolution of marriage.
- Mutual Divorce (Divorce by Mutual Consent): Khula is a type of divorce where both the husband and wife agree to divorce each other. This type of divorce is considered to be the most amicable and straightforward.
- Talaq (Divorce by Husband’s Pronouncement): Talaq is a type of divorce where the husband pronounces the divorce in the presence of two witnesses. This type of divorce is considered to be more complicated and can lead to disputes.
- Faskh (Divorce by Court Order): Faskh is a type of divorce where the court orders the divorce due to certain circumstances, such as cruelty, desertion, or impotence.
- Lian (Divorce due to False Accusation of Adultery): Lian is a type of divorce where the husband falsely accuses the wife of adultery. In this case, the wife can seek divorce through the court.
- Mubarat (Divorce by Mutual Agreement): Mubarat is a type of divorce where both the husband and wife agree to divorce each other, but the divorce is not pronounced by the husband.
Divorce Procedure
The divorce procedure in Karachi involves the following steps:
- Filing of Divorce Petition: The divorce petition is filed by the husband or wife in the court, stating the grounds for divorce.
- Service of Summons: The summons is served on the respondent, who is required to appear in court.
- Appearance of Parties: Both the husband and wife appear in court, along with their lawyers.
- Evidence and Arguments: Both parties present their evidence and arguments before the court.
- Court Decision: The court makes a decision based on the evidence and arguments presented.
- Appeal: If either party is not satisfied with the court decision, they can file an appeal.
Required Documents
The following documents are required for divorce proceedings in Karachi:
- Nikahnama (Marriage Certificate): The marriage certificate is required to prove the marriage.
- Passport: The passport is required to prove the identity of the parties.
- CNIC (Computerized National Identity Card): The CNIC is required to prove the identity of the parties.
- Divorce Petition: The divorce petition is required to initiate the divorce proceedings.
- Affidavit: The affidavit is required to prove certain facts, such as the date of marriage and the grounds for divorce.
- How to file for divorce in Karachi
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Conclusion
In conclusion, divorce law and procedure in Karachi are complex and governed by various laws and regulations. The grounds for divorce, divorce procedure, and required documents must be carefully considered before initiating divorce proceedings. It is recommended that parties seek the advice of a qualified lawyer to ensure that their rights are protected.
Note: This post is for general information purposes only and should not be considered as legal advice. For legal advice visit our office for detailed legal consultation.
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