NADRA Divorce Certificate: The Husband can Divorce his lawfully wedded wife by a Deed of Khula Divorce which can be prepared wherein Triple Divorce is pronounced before the witness. However, the wife can only seek Khula from her husband if her right of Divorce was deleted or not authorized in her marriage contract, known as “Nikkanama”.
Therefore in most cases wife would be supported by our litigation department for filling of Khula application in court based on following Law and Ordinance:
Under Muslim Family Laws Ordinance limited reforms have also been introduced in relation to talaq. Under Muslim Family Laws Ordinance a divorcing husband shall, as soon as possible after talaq has been pronounced, in whatever form, give a notice in writing to the chairman of the Union Council. The chairman must then supply a copy of the notice of talaq to the wife. Non-compliance is punishable by imprisonment and/or a fine. Within thirty days of receipt of the notice of talaq, the chairman must constitute an Arbitration Council in order to take steps to bring about a reconciliation between the husband and the wife. If and when such attempts to negotiate a reconciliation fail, a talaq that is not revoked in the meantime, either expressly or implicitly, takes effect after the expiry of ninety days from the day on which the notice of repudiation was first delivered to the chairman. If, however, the wife is pregnant at the time of the pronouncement of talaq, the talaq does not take effect until ninety days have elapsed or the end of the pregnancy, whichever is later.
Failure to notify, in an above-stated manner, invalidated Talaq until the late 1970s and early 1980s, but the introduction of the Zina Ordinance allowed scope for abuse as repudiated wives were left open to charges of Zina if their husbands had not followed the Muslim Family Laws Ordinance notification procedure. Since the early 1980s, the practice of the Courts in Pakistan is that they validate a Talaq despite a failure to notify as provided under the said Ordinance.
We have been arranging Islamic Divorce Certificate (NADRA Divorce Certificate), Khula Certificate and Nikah Certificate for quite some time now with affordable charges and reliable documentation.
The wife is entitle to claim her past maintenance in case the husband pronounced oral divorced but failed to served any notice to his wife and Arbitration Council through registered post. PLD 2016 457.
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Bohio Law Associates is Pakistan based law firm & top ranking family lawyers having excelled law practice in all legal issues especially family disputes, online Nikah, marriage, divorce / khula etc.
Bohio Law Associates
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