Divorce Procedure in Pakistan, Divorce Process in Pakistan, Divorce in Pakistan, Divorce Law in Pakistan, Divorce Procedure For Overseas Pakistani.
Instances of Divorce in Pakistan:
Advocate Nazia, an expert lawyer for a divorce in Pakistan, can be directly called for any ambiguity; however general models are mentioned here. The Dissolution of Muslim Marriages Act, 1939 fixes the maximum period of life for a missing person at four years. This overturns many rulings based upon the said general principle as the doctrine of presumption of continuity (istishab al-hal). The words used for pronouncing divorce in Pakistan and the relevance of the intention of the person pronouncing divorce is when the words used to pronounce divorce in Pakistan are explicit and convey the meaning of divorce in clear terms, that is, the words are sarih, it is the meaning of the terms used that is relevant. The husband’s intention is not taken into account, If divorce is pronounced in indirect terms, through allusion (kinayah).
Meaning of Divorce:
By using symbolic meanings, the validity of the pronouncement may depend upon the intention of the husband pronouncing divorce in Pakistan. The sarih words that convey a clear meaning of divorce in Pakistan are talaq (divorce), tațlīq, and direct derivatives. It is like saying, “You are divorced,” “I have divorced you,” and such words that convey the meaning clearly to one who is listening.
The objective purpose is relevant, and intention is not referred to when such meanings are clear. If a person uses such words and then denies that he did not intend to divorce, his denial is irrelevant. The words used by way of kināyah (allusion) can lead to many statements that can, in some instances, be construed to mean divorce in Pakistan but can mean something else. These are statements like, “You are bain (separated).” “You are set free finally,” “Your affair is in your hands,” “You choose,” “I am not standing in your way,” “I have granted you khula (but does not mention the counter-value),” “There is no nikah between you and me,” “You are a free woman,” “Go join your relatives,” I have no means of approaching you, “Vacate your womb,” and statements of this nature.
These statements have double meanings. They are to be related to the context and then interpreted. The statements are divided into three types: (a) Statements like “Your affair is in your hands,” “You choose,” “Vacate your womb,” and “You are all alone” are usually not used in anger by way of abuse. If the context is that of divorce they become even more transparent. The intention may be ignored in such cases.
The context indicates that divorce in Pakistan was intended, in which case the Words are construed as direct expressions of divorce. A statement like “Your affair is in your hands” and “You choose” give rise to the delegation of the right of divorce to the wife, b) The second type includes abuses construed to mean divorce are statements like You are haram, You are bain” can be used as abuses in anger or otherwise. In such cases ‘in,” or terms intention is taken into account along with the context in which the statements were made. In other words, the construction placed upon the statement may go against the claim that divorce was not intended.