Question :

obtaining a legally documented divorce

Assalam-o-Alaikum,

I entered into marriage in 2019. Initially, everything was fine with my husband, who resides in England. However, after two years, he abruptly disappeared without anyone knowing his whereabouts. Two years have passed with no communication from him, but last week, he called and pronounced three talaqs. Could you please guide me through the process of obtaining a legally documented divorce?

Regards,
………

Answer:

  1. Obtaining a Legally Documented Divorce: If a husband pronounces divorce on his wife and fails to send a written notice to the concerned union council or Pakistani Consulate, he is deemed guilty of an offense under the Muslim Family Laws of 1961. The potential consequences include a sentence of up to 12 months in prison along with a fine of five lac rupees. If you wish to pursue divorce on these grounds, it can be easily obtained through a Family court. Alternatively, you may appear before the concerned union council or an Arbitration council to seek a divorce certificate based on the oral pronouncement. However, the Arbitration council will only accept your application if the husband appears and acknowledges that he has pronounced the divorce. In your case, it is unlikely that the husband will appear due to the fear of legal repercussions. Therefore, obtaining a divorce from the Family court is recommended. You can personally apply for it through a lawyer or have it filed by an attorney on your behalf through a special power of attorney, eliminating the need for you to visit Pakistan in person.

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