Know Process of Dissolution of Marriage in Islam By Lawyer
- lawfirmlahore
- Oct 8, 2022
- 2 min read
Dissolution of Marriage in Pakistan:
Dissolution of marriage is a legal process that terminates a marriage. If you want to know the Dissolution of Marriage Process in Pakistan and Dissolution of Christian Marriage in Pakistan the You Are in the Right Place. In Pakistan, the process of dissolution of marriage is governed by the Muslim Family Laws Ordinance, 1961. You Can Also Know the View of Dissolution of marriage in Islam by Our Lawyers.
Types of Dissolution of Marriage:
The ordinance provides for two types of dissolution of marriage: khula and faskh. Khula is a form of divorce whereby the wife initiates the process and faskh is a form of divorce initiated by the husband. In order to obtain a divorce under the Muslim Family Laws Ordinance, 1961, either party to the marriage must file a petition in the court of the district where the marriage was solemnized. The petition must state the grounds on which the divorce is being sought.
The grounds for divorce under the ordinance are:
· that the wife was married before the age of fifteen years and repudiated the marriage before attaining the age of eighteen years;
· That the husband has failed to perform his marital obligations for a period of four years;
· That the husband has been convicted of an offence involving moral turpitude and has been sentenced to imprisonment for a period of seven years or more;
· That the husband has deserted the wife for a period of two years or more;
· That the husband has treated the wife with such cruelty as to cause grievous injury to her body or mind;
· That the husband has contracted another marriage, whether bigamous or polygamous, and the first wife cannot reasonably be expected to live with the husband; or
· That the wife has obtained a divorce from her husband by means of khula.
Once the petition is filed, the court will fix a date for the hearing of the case. At the hearing, both parties will be given an opportunity to present their evidence and make their submissions. After considering the evidence and submissions of both parties, the court will make a decision on the petition. If the court is satisfied that the grounds for divorce have been established, it will make an order dissolving the marriage.
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