Muslim Marriage and Talaq (Divorce)
Muslim marriage stands on the strong foundation of Nikah. Once the Nikah is performed the husband and wife can live together. What if the couple does not go along and they want to end their marriage? In such cases, Talaq is the only option left, which is the right given by Islam and law both. However, only the husband can opt for Talaq, the wife has to go for a khula. There are a few ways for dissolving a Muslim marriage on account of a Talaq.
Talaq by the husband:
Pakistani law is based on the principles of Islam. According to Islamic teachings, if the husband gives a verbal Talaq in front of his wife, the Talaq is done. The court and law, however, need evidence. Therefore, according to Pakistani family laws, talaq will only be established if the husband sends a divorce paper via court. This practice ensures the true and legal Talaq procedure, otherwise, the husband can back off even after the verbal divorce. Once the girl signs this notice and completes her iddat of 90 days she is officially divorced and can marry anyone else.
Talaq by a mutual understanding of both husband and wife:
The Talaq process is a lot easier and cheaper if both husband and wife agree to it. In other words, both husband and wife can mutually decide that they are going for a talaq and can inform the court. This way of getting a Talaq is a graceful way as it happens with the consent of both. For this, the couple will separately sign a divorce deed and send it to the court.
Right of Talaq for the wife:
Usually, a woman doesn’t have a right to Talaq but she can have this right if it’s pre-decided. By predecide, we mean if at the time of Nikah this condition has been set by the bride that she wants Talaq right then she can divorce her husband afterwards. This condition will be mentioned in the Nikah Nama. Otherwise, the wife only has a right to Khula that too in certain conditions.
● Is the husband restricted to certain circumstances for exercising his right of Talaq?
No, he is not restricted to specific conditions for Talaq. The husband can divorce his wife without any reason or justification. The wife, however, should have solid grounds or reasons if she opts for filing a khula suit.
● Is there a chance of reconciliation after the divorce notice has been served?
Yes, there is a chance of reconciliation even after the divorce notice has been served. The court will order reconciliation and if the husband and wife agree to reconcile they can again live together.
● Who will get the Meher in case the husband gives Talaq?
The meher will go to the wife if the husband gives Talaq. He will have to pay the meher in full. And he will also provide a monthly fixed amount for his kids even if they are in the custody of their mother.