Legal Question in Family Law in Pakistan
My name is Asad from Pakistan.
My sister had her nikah just 2 days ago. Unfortunately right after the nikah we found that the family of boy is deceptive and having a very bad reputation in the society and basically planted various things just for this marriage. I understand that we should have done a more in depth investigation first. But this is how it is. We just came to know this fact last night.
The nikah is held in Masjid and the wedding is set to take place on 13th of this month. We are a very religious family but the other party pretended that they are religious and in reality they are not. Now they are demanding to remove the veil etc. My sister wants an immediate divorce as she is also an Aalima.
On our request the Imam (who conducted the nikkah) have stopped the process and is not going to submit the papers to relevant office. So he cancelled the process basically.
How can we get divorce in this case or we just need a verbal divorce because the documents are not going to submit to the relevant legal office.
A very urgent reply is needed.
2 Answers from Attorneys
Sorry to hear that brother. Well even if the Nikah Registrar hasn't got it registered and the grooms family has a copy of Nikahnama or documents containing proofs that Nikah Happened then it can be a problem for your family later if they approach the court of law.
However if they do not have proofs you can get rid this way but you still have to follow the procedure of Talaq in Islam. If the husband pronounces Talaq verbally, the girl has to wait for 3 tuhurs without reconcillation to husband for getting the Talaq done. For more you can consult me at [email protected]
Mr. Asad,
please note that when the nikkah is registered with the nikkah registrar only then the copy of the nakah nama is given to both of the parties, right now you have the ceremony but not the rigistered papers against you, but above all this, since the aijab aur qabool (offer and acceptance ) is done so in the eye of islam nikkah is done.only marriage is not consummated.
if you get the husband convinced to pronounce talaq then there is no problem and she doest have to observe any waiting period at all.
but if the husband doest agree then not allowing the nikkah kawan to get the nikkah registered shall itself be a legal problem and can bring some criminal complications ,regardless of what you hold against the alleged husband or this marriage.
you can call me to discuss this in detail during office hours ( 03234638149 )
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