husband divorced me implicitly

My husband perhaps divorced me implicitly once also do not let me live with him, not sure whether he revoke it or not because it has not the provision in the Nikkhah Nama also. Therefore I’m not sure and don’t know if should proceed to court in this scenario without time limitation. But there is very little communication between us which is almost not in last 2 and half months. Please advise.

ANSWER:

As per Pakistani family law, a verbal or implicit divorce (talaq) is not legally effective unless your husband has formally issued a written divorce notice and sent it to the concerned Union Council/Arbitration Council. Even then, the divorce only becomes effective after the expiry of 90 days from the date of that notice, provided no reconciliation occurs during that time.

Since:

No written notice appears to have been served,

No proceedings have taken place before the Arbitration Council, and

Your marital status is still unclear,

You are advised to immediately file a suit for Restitution of Conjugal Rights before the Family Court.

This will:

Legally protect your rights,

Compel your husband to clarify his stance before the court, and

Establish the status of your marriage in the eyes of law.

There is no time limitation for such a suit, and it is the correct legal remedy when the husband is avoiding communication and not fulfilling marital obligations, without formally divorcing.

Please feel free to schedule a consultation (in person or online) if you need help with preparing and filing this suit. You may also visit our website at www.paklawyer.com or call us directly for assistance.