Faskh E Nikah in Pakistan:
Faskh e nikah means obtaining divorce through the court on behalf of a wife. In Pakistan, the procedure for divorce is different for both males and females. The divorce, if given by the husband, is registered with the arbitration council in Pakistan, whereas if the wife needs a divorce, she has to file her case in the family court. The word faskh e nikah is a substitute for the procedure of khula in Pakistan. The husband doesn’t need a reason for divorcing his wife, whereas the wife needs a valid reason to obtain the decree of Faskh e Nikah from the family court. The wife has to prove her case beyond any doubt in the courts of Pakistan. There is a difference between talaq and faskh e nikah, which is mentioned in this blog below.
The case of the wife needs evidence in court to prove. It is always good to hire a competent lawyer who can easily get a wife’s decision of divorce from the court. You can hire our best lawyer in Lahore if you need a divorce decision from the family courts. The courts always make decisions on the basis of evidence tendered in court. The divorce in Pakistan given by the male is called talaq, but the divorce obtained by the wife from the court can be termed Faskh e Nikah in Pakistan, or khula.
Difference between Talaq and Faskh:
The difference between the talaq and Faskh e nikah in Pakistan is as below.
- The talaq is initiated by the male, whereas the faskh e nikah in Pakistan is initiated by the wife.
- The talaq is registered and processed by the arbitration council, but the Faskh e Nikah is processed by the family court.
- For talaq in Pakistan, no reason is required by the male for divorcing the female, but in the case of Faskh eNikah,h the female requires a valid reason in court. There are only certain grounds on which the female can have dissolution of marriage in Pakistan from the family courts.
Faskh e Nikah Process:
Process: If you want to process the Faskh e Nikah, you have to file a case in the family court through a lawyer. Your family lawyer will process your case, and if he succeeds in proving the case, he will get you the decision of dissolution of marriage from the court. The male can process his divorce case with the arbitration council. Our law firm in Pakistan is an expert in processing the cases of talaq and faskh e nikah. We can also get you a divorce certificate in Pakistan in just a few days.
Iddat Period in Faskh e Nikah:
There is a difference of opinion in the iddat period in Faskh e Nikah cases. The two differences according to the different sects are that the iddat period in Faskh e nikah will be either three months or one month only. The legal point on the matter of iddat is very clear. The legal point is that the IDDAT period in this case will be three months. Only after the expiry of the iddat period of three months is a divorce certificate issued in Pakistan. Once you are issued the certificate, you can do the next nikah or court marriage in Pakistan.
