The divorce procedure in Pakistan for husbands is a comprehensive process involving several detailed steps:
The husband initiates the divorce proceedings by formally executing a divorce deed on stamp paper valued at Rs.300. This vital document serves as a legally binding written declaration of divorce in which the husband expresses his intention to divorce his wife. Cooperation with a Qualified Family lawyer is often sought to ensure the legal validity and comprehensive preparation of this document.
Once the divorce certificate has been finalized, the husband sends the original document to his wife. Accompanying the divorce deed is a copy of the divorce notice addressed to the Concerned Union Council. This copy of the Notice serves the dual purpose of informing the wife about the imminent divorce and providing information regarding the initiation of divorce proceedings in the relevant Union Council.
The husband is obliged to notify the competent Union Council/arbitration tribunal in writing that he has pronounced the divorce from his wife. This written notification must be accompanied by a copy of the divorce certificate, the Nikah Nama (marriage certificate), and a copy of the husband's identity card. The Union Council or Arbitration Council assumes a pivotal role in overseeing the divorce proceedings, ensuring that all legal requirements are met during the divorce.
Upon receipt of the Notice, the Arbitration Council shall issue formal notices to the husband and wife requesting them to engage in reconciliation proceedings. These notices indicate the date, time, and venue for the reconciliation sessions.
Both parties involved in the divorce have the opportunity to participate in the reconciliation proceedings either personally or through appointed representatives, e.g., family members or legal representatives. The objective of these sessions is to explore the possibility of resolving marital issues and preventing divorce.
If the reconciliation efforts remain unsuccessful, the Arbitration Council is obliged to issue a divorce certificate. However, a mandatory waiting period of 90 days must be observed before the certificate is issued. This waiting period is calculated from the date of the initial Notice sent to the concerned Chairman of the Arbitration Council.
If no reconciliation has been reached after the 90-day waiting period, the Arbitration Council issues the divorce certificate. This certificate legally documents the dissolution of the marriage.
The divorce certificate is issued after approval by the NADRA database. After receiving approval from the NADRA system, the Union Council issues the certificate immediately, thereby completing the documentation for the divorce proceedings. This ensures that the certificate matches and is officially recognized by the authoritative NADRA database so that there is an accurate record of the divorce. However, both parties involved in the divorce must update their CNIC (Computerized National Identity Card) or FRC (Family Registration Certificate) at a NADRA office. This update is facilitated by submitting the issued divorce certificate to the NADRA authorities. This will ensure that the divorce information is accurately reflected in the official NADRA records for each party. This detailed procedure ensures that divorce in Pakistan is carried out in a systematic and legally sound manner, with provisions for reconciliation efforts and a mandatory waiting period to allow for careful consideration before finalizing the divorce.