Take Counsel Regarding Law of Talaq Procedure in Pakistan
Law of Talaq Procedure in Pakistan:
Nazia Law Associates in Lahore says that we must do better than what the current law guarantees for talaq procedure in Pakistan. The Quranic verse on this issue must be followed and the spirit of Islam which grants equality be respected. The law must, therefore, change to at least five women that which are due to them both under their religion and as a matter of right.
Recommendations:
Amendments were made to section 2 of the Dissolution of Muslim Marriages Act, 1939as follows: a) In section 2(i), the words “the whereabouts of the husband have not been known for four years should be changed to “the whereabouts of the husband have not been known for one year further, the proviso to this section should be deleted since it gives the husband a six month period to appear before the court before the final judgment. The proviso to section 2(v) should be deleted as it requires the husband to prove his policy within one year after the court has decreed dissolution on the grounds of impotency for six months rather than two years. The word “habitually Section 2(vi) is amended so that the wife can seek dissolution instead of talaq procedure in Pakistan if a husband is insane Section 2(viii) (a) be amended to expand the definition of cruelty by dropping the word habitually. e) A new sub-section is added in section 2 to include incompatibility and irretrievable breakdown of marriage as a ground of divorce.
Law For Dissolution of Marriage:
The law is amended to provide for the dissolution of those marriages where the parties have been separated for over a year and reconciliation efforts have failed. Khula should be granted by the courts after making due efforts at reconciliation and by simply recording the statement of the wife making out a case of khula.2.3. The family Courts be empowered to issue restraining orders against the husband where the wife is separated from him. The law is amended to provide for granting ma’la on the termination of marriage either through talaq procedure in Pakistan or otherwise; where under the law the wife should be provided adequate maintenance till she remarries or dies.
Registration of Divorce Is Required Including Oral Talaq:
It is important that every divorce, including an oral one, is officially registered. The record is needed, among other things, for subsequent legal decisions, as on maintenance, custody of children, settlement of mutual obligations, etc. Thus the law should be amended to give the family court powers to terminate the marriage and to decide all other connected matters at the same time every notice of talaq procedure in Pakistan received by the Union Council must also be sent to the family Court. The family court should decide all the matters arising out of the termination of the marriage within ninety days, failing which talaq procedure in Pakistan may be granted after ninety days having received the notice of talaq. However, proceedings regarding other related matters shall continue and be heard on a day-10-day basis. As family courts will be deciding all family disputes affecting marital disputes (as mentioned earlier), therefore such judges be appointed with care and be sufficiently experienced.
