Legal Question in Family Law in Pakistan
In what conditions divorce right is delegated to wife, and is the procedure to apply this right?
Asked on 1/23/10, 9:04 am
1 Answer from Attorneys
Shaukat Kanjan
Kanjan Law Associates Islamabad
By default the right to divorce is with the Husband and the wife has no right to divorce. But if, while contracting the marriage, the right to divorce is delegated to the wife (see the Para 18 of your Nikah Nama), the wife has the right to divorce, otherwise it is the exclusive right of the husband. But if wife has no such right and she wants dissolution, she may file a suit for the �dissolution of marriage on the bases of Khulla�, in the Family Court.
Answered on 1/24/10, 1:36 am