Dastur Legal House legal guide
The divorce procedure in Pakistan involves more than saying the word talaq, because the law requires written notice and a waiting period.
A divorce by the husband, known as talaq, must follow a procedure under section 7 of the Muslim Family Laws Ordinance, 1961. Skipping these steps can cause serious problems later, including when a person remarries.
Many people record the talaq in a written deed so that the date and terms are clear. An advocate can prepare it.
Section 7 requires the husband to give the Chairman written notice as soon as possible after pronouncing talaq, and to send a copy to the wife. In practice, this means the relevant Union Council or equivalent local office. Keep proof of delivery.
Within thirty days of receiving notice, the Chairman constitutes an Arbitration Council to try to bring about reconciliation.
The talaq takes effect after ninety days from the day the notice is delivered to the Chairman, unless it is revoked earlier. If the wife is pregnant, the period lasts until the later of those ninety days or the end of pregnancy.
After the period ends, the office can issue a divorce effectiveness record, which can support a computerised divorce certificate from NADRA.
A wife may hold a delegated right of divorce (talaq-e-tafweez) if it is recorded in her nikah nama. If not, she may seek khula through the Family Court or dissolution under the Dissolution of Muslim Marriages Act, 1939.
Unpaid dower does not disappear on talaq. Claims for dower, dowry articles and child maintenance may be brought before the Family Court. Under the Family Courts Act, these claims are listed in its Schedule.
The Ordinance refers to the Chairman of the local body. The office that handles the notice depends on where the wife lives and on local government arrangements, which can vary. Before sending anything, confirm the correct office, because a notice sent to the wrong place can create delay and doubt.
The notice should clearly identify the husband, the wife and the marriage, state the date on which talaq was pronounced, and attach a copy of the nikah nama and the talaq deed. Send the wife’s copy to an address where she can actually receive it, and keep the courier or registered post record.
Spouses abroad often need a Pakistani divorce to be recorded, or a foreign divorce to be recognised for Pakistani records. Documents may need attestation, and notices still need to reach the proper office. If you live abroad, get advice before relying on a decree or deed issued in another country.
The parties may reconcile during the ninety-day period, and the talaq may be revoked before it becomes effective. If they want to reconcile after that, section 7 and religious rules on remarriage need careful review. Do not assume that a marriage continues simply because the couple resumed living together.
The divorce procedure in Pakistan depends on written notice, the ninety-day period and a proper record. Following the divorce procedure in Pakistan carefully protects both parties if either later remarries or needs a certificate.
If you need help with notices or certificates, speak with our family lawyers.
Official source: Supreme Court of Pakistan
Under section 7 of the Muslim Family Laws Ordinance, 1961, talaq takes effect after ninety days from the day notice is delivered to the Chairman, unless revoked earlier. If the wife is pregnant, it takes effect after the later of the ninety days and the end of pregnancy.
Failure to give notice is an offence under section 7. Its effect on the marriage can be a difficult legal question, so get advice on your own circumstances.
Section 7 allows revocation before the talaq becomes effective. Later remarriage questions depend on the circumstances and section 7(6).
This guide is general information about Pakistani law and is not legal advice. Laws and procedures change, so confirm the current position for your case with an advocate. See our disclaimer.
