Grounds for divorce under Muslim Family Law in Pakistan
There are a number of grounds on which a divorce can be sought under Muslim family law in Pakistan. These include incompatibility, desertion, cruelty and lack of financial support. In some cases, the wife may also request a divorce on the grounds of her husband’s polygamy or his failure to provide for her and her children.
Divorce in Islam
There are many grounds for divorce under Muslim family law in Pakistan. A husband can divorce his wife at any time without assigning any cause or reason. The wife can also revoke a marital contract if the husband has failed to perform his marital obligations for a period of three years. If the couple has been unable to live harmoniously for a period of time, the husband may also divorce her.
Types of Divorce in Islam
There are various grounds on which divorce can be sought under Muslim family law in Pakistan. Some of these grounds are mentioned below:
1) Talaq: Talaq is the right of a husband to divorce his wife unilaterally, without assigning any reason, literally at his whim, even in a jest or in anger.
2) Khula: Khula is the right of a wife to seek dissolution of marriage from her husband by returning the dower amount which she had received at the time of marriage.
3) Judicial divorce: A judicial divorce can be sought from a court of law on the grounds of cruelty, desertion, non-maintenance, etc.
4) Revocation of divorce: A husband can revoke his talaq within the iddah period (the period between pronouncement of talaq and completion of three menstrual cycles), provided he has not remarried during that time.
grounds for divorce under Muslim family law in Pakistan:
Under Pakistani Muslim Family Laws, there are various ways that a divorce can be affected between the parties to a marriage. A husband can divorce his wife at any time without assigning any cause or reason. However, revocation of a marital contract by the wife is only possible under specific conditions and with the permission of a judge. Other grounds for divorce recognized under Muslim law include adultery, desertion, cruelty, and mental illness.
Talaq
There are several grounds for divorce under Muslim family law in Pakistan. A husband can divorce his wife unilaterally, without assigning any reason, literally at his whim. If such efforts fail and the man sincerely thinks he cannot live a harmonious life with his wife, he may divorce her either verbally or in writing. Additionally, a Muslim marriage can be dissolved through mutual agreement between the husband and wife; this is known as Talaq-e-Mubarat. Finally, divorce may also be granted on any other ground recognised as valid for the dissolution of marriage under Muslim law.
Mubarat
Grounds for divorce under Muslim family law in Pakistan Mubarat can be classified into two categories: those that are based on the Islamic law and those that are not. The Islamic grounds for divorce include adultery, abandonment, domestic violence, and incompatibility. The non-Islamic grounds include mental illness, physical abuse, and financial problems.
Judicial Divorce
Grounds for Judicial Divorce Any other ground recognised as valid for the dissolution of marriage under Muslim law Page 6 5 The Family Court will
Divorce (Talaq / Khula) under Muslim Family Laws.
The contract of marriage under the Mohammedan Law may be dissolved in any one of the
According to the Muslim Family Laws in Pakistan, there are various ways that a divorce can be affected between the parties to a marriage contract.
Cruelty (physical and mental)
There are many grounds for divorce under Muslim family law in Pakistan, but cruelty is one of the most common. Cruelty can be physical, mental, or any other form of abuse that creates an intolerable situation for the spouses. The Muslim Family Law Ordinance of 1961 allows men to remarry after divorcing their wives, but it also requires that the husband pronounce the divorce talaq (oral or by way of deed) in front of witnesses.
Desertion (wife by husband, vice versa)
Under Islamic law, a husband has the unilateral right to divorce his wife, and this pronouncement is legally binding. However, the wife may be able to seek a divorce under certain conditions, such as if the husband has failed to meet his marital obligations for a period of three years. Additionally, if the husband obtained a divorce on the grounds of the wife’s adultery, cruelty, or desertion, she may be denied maintenance and even custody of her children.
Neglect of wife by husband
If a Muslim husband neglects or fails to provide for his wife, she may be entitled to a divorce. In Islam, a husband has the sole authority to pronounce divorce, without having recourse to any court. However, the courts have in recent years shown inclination to consider the time spent by the wife with the husband as having economic value that is to be taken into account when awarding alimony or other financial compensation upon divorce.
Impotency
Under Muslim family law, divorce due to impotency is a valid reason for the dissolution of marriage. If a husband is unable to perform his marital duties for a period of three years, his wife can file for divorce. Additionally, if the husband was impotent at the time of marriage, the wife can also seek to annul the marriage. The Dissolution of Muslim Marriages Act, 1939 recognizes these grounds for divorce and provides protection for wives whose marriages have been terminated due to impotency.
