Family Court Procedure for Wife Separation:
There is no concept of separation of a Muslim wife from her husband. The family court procedure for a wife’s separation is for non-Muslim females. The Muslim female, if she does not want to live with her husband, has to file a case of khula in Pakistan. The family court procedure for wife separation is divided as follows.
FOR MUSLIM FEMALES:
The Muslim females who don’t want to live with their husbands have to file a suit for dissolution of marriage in Pakistan on the basis of khula. For the khula, the Muslim female needs to have a valid reason provided in the law to get a divorce from her husband. If she wants to file the case of khula, she has to file the case through a lawyer in the family court. The lawyer for the female has to prove the reasons for divorce mentioned in the suit. If the lawyer proves the reasons, the court will issue the decree of khula in favor of the wife. After the khula decree, there is the iddat period of 90 days. After 90 days, the female will be issued the divorce certificate in Pakistan, which is proof that the female is now divorced.
FOR NON-MUSLIMS:
If the non-Muslim female doesn’t want to live with her husband, she has to file for a suit for separation in the court. There is a difference between separation and divorce. Separation is not divorce. A Christian female who does not want to live with her husband will first have to establish that she has not been living with her husband for a certain time period. If she fails to establish this fact, then the separation orders can be obtained from the court. According to the family court procedure for wife separation, first, the court will order the wife to live separately from the husband for a certain time period. When this period is over, then the wife can file the case of divorce in the same court, claiming that she has not been living with the husband for a certain time period ordered by the court and now she needs a divorce.
DIVORCE FROM MALE:
The Muslim male doesn’t need any separation orders from the court. The Muslim male doesn’t even have to file for divorce in the family court. The Muslim male can give talaq in Pakistan without any reason. If he doesn’t want to continue with his wife, he has to send the divorce papers to his wife and the arbitration council, and after 90 days, he is issued the divorce certificate. After the divorce certificate, he can get married or a court marriage in Pakistan. The non-Muslim male doesn’t have the right to arbitrarily divorce his wife. If he wants to divorce his wife, he also has to file a suit for separation in the court. Just like a female, he also has to either establish that he is not living with her wife or obtain the separation orders from the court.
For non-Muslim males and females who need a separation order from the court, they may contact our law firm in Pakistan?