How To File For Divorce In Case Of Abuse In Pakistan?

Hamza and Hamza
2 days ago
3 min read

Divorce Procedure In Pakistan due to abuse is a legal right granted under Islamic and Pakistani law. Abuse—whether physical, emotional, psychological, or economic—is a valid ground for a woman to seek separation through the courts. The most common legal mechanism in such cases is khula, a form of judicial divorce initiated by the wife when the husband is unwilling to divorce voluntarily. Understanding the steps involved can help victims of abuse navigate the legal process more confidently and safely.

Understanding Abuse as a Legal Ground for Divorce

Pakistani law acknowledges various forms of abuse as valid grounds for divorce. These include:

Physical violence or assault
Verbal and emotional abuse
Economic deprivation or financial neglect
Confinement or restriction of freedom
Sexual violence or coercion
Threats to life or well-being

Under Section 2 of the Dissolution of Muslim Marriages Act, 1939, a woman can seek a divorce if she is subjected to cruelty or if living with her husband becomes dangerous to her mental or physical health.

Step-by-Step Guide to Filing for Divorce Due to Abuse

1. Collect Evidence (If Possible)

While it is not always necessary to have physical evidence, having proof of abuse can strengthen your case. This may include:

Medical reports of injuries
Police reports or FIRs (First Information Reports)
Witness statements from friends or family
Recorded threats or messages

If you're in immediate danger, approach the police or a shelter home for protection before filing your case.

2. Hire a Family Lawyer

It is strongly recommended to consult a qualified family lawyer who understands divorce and abuse laws in Pakistan. The lawyer will help:

Draft the petition
Present evidence
Represent you in court
Protect your rights (e.g., custody, maintenance, dowry recovery)

3. File a Petition for Khula in the Family Court

You will need to submit a khula petition in the Family Court under Divorce Procedure In Pakistan of the area where you reside. The petition must clearly state the nature of abuse and the reasons why living with your husband is no longer bearable.

The petition will usually include:

Marriage details (Nikah Nama)
List of abusive incidents
Request for divorce
Request for return of dowry (if applicable)
Child custody (if there are children)

4. Court Hearings and Reconciliation Attempts

After filing the petition, the court will:

Issue a notice to the husband
Attempt reconciliation between both parties

If reconciliation fails, the court will grant a decree of khula. Courts typically prioritize women’s safety and do not force reconciliation in serious abuse cases.

5. Notice to Union Council

Once the court grants the khula, the decree is forwarded to the Union Council. A 90-day reconciliation period is initiated as per the Muslim Family Laws Ordinance, 1961.

If no reconciliation occurs during this time, the divorce is finalized and the Union Council issues a divorce certificate.

Time Frame

The entire process can take 3 to 6 months, depending on how quickly the court and Union Council act, the complexity of the case, and whether the husband contests the petition.

Additional Legal Remedies

In addition to divorce, women facing abuse can also seek:

Maintenance (Nafaqa): Financial support for themselves and children
Child custody: Usually granted to the mother unless found unfit
Protection orders: Issued under domestic violence laws in some provinces
Recovery of dowry (Jahez): Through a separate civil suit

Divorce Procedure In Pakistan

Conclusion

Filing for divorce in cases of abuse in Pakistan is a legal and moral right. Women are not required to endure violence or cruelty in a marriage. The process involves filing for khula through the Family Court, attending hearings, and awaiting the Union Council’s final approval. With the right legal support like from Hamza & Hamza Law Associates and awareness of one’s rights, abused individuals can take steps toward safety, dignity, and a new beginning.