Legal Question in Family Law in Pakistan

my husband and i separated two months ago, and he is forcing me to initiate legal proceedings, as he says if he does it, it will take five six months. I have right to talaq-e-tafweez unconditional. but im not comfortable with it, as i have learned from some religious sources that its not islamic. why would it take my husband five six months to exercise the divorce proceedings, and how will it take a shorter time for me? are there religious qazis involved in reconciliation process if khula is initiated


Asked on 8/02/12, 2:51 am

3 Answers from Attorneys

Salman Khan International Lawyer

If you go on Islamic Law, Talaq is for man and Khula is for wife.. Talaq-e-tafweez is debatable but one thing is clear that in Islamic law a person can appoint agent and get things done from him or her. Talaq-e-tafweez is a delegated right to wife by the husband. I have a way out for your problem that can make things legalized as well as islamic for you. Contact me at [email protected]

Regards,

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Answered on 8/02/12, 2:56 am
Shoukat Ali Sajidi Prudent Legal Professionals

You need not to go to court if your husband is consented to divorce you. Let me explain. A divorced deed should be made on stamp paper duly issued in the name of your husband for the purpose of divorce where on your husband write that he divorce you with little detail. That stamped paper should duly be signed by him and by witnesses; thereafter said divorce deed may be registered in Union Council. Divorce will be effective as soon as he signs the same.

As far as Islamic Law is concern, the divorce is effective once it is pronounced by husband thrice in one session but it not desirable; however, the ideal situation is that he should pronounce divorce one time and wait for (Tuhr) next menstrual cycle after that he may pronounce second divorce and wait for next cycle after and thereafter 3rd one.

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Answered on 8/02/12, 6:32 am

Your husband is cheating you, as I understand , there ll be heavy dower written in Nikkah nama . if he wants to give u divorce , he can make it possible in one day only but in this way has has to pay all dower to you and some other legal right also can be claim.

but if you take khula this can be managed within 2 months but u have to leave dower amount or gold etc.

for more info do consult me at [email protected]

or visit www.paklawyer.com

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Answered on 8/02/12, 9:14 am


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