Sharai divorce happens even if its pronounced verbally. However, legally a person has to file case of divorce for obtaining divorce certificate. The case runs for 90 days with atleast 3 hearings for arbitration. If the arbitration process fails on all hearings then the case ends up in divorce.
If one party files the case and the other party does not appear then at the end of case a newspaper proclamation is published before the issuance of divorce certificate.
A divorce case is normally filed under section 7 of the Muslim Family Laws Ordinance 1961. However, under section 8 the wife can proceed if she has the right of talaq e tafweez according to column 18 of the Nikahnama. Wife can also file case of divorce in case if divorce papers are sent by the husband.
For more you can consult lawyergolra@gmail.com
Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880
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