Know About The Evidence in Divorce Procedure in Pakistan Legally (2020)
Evidence in Divorce Procedure in Pakistan:
Evidence in divorce procedure in Pakistan is stringent, and a case may take a few months. Divorce under the FMLO, 1961 is, therefore, the form of divorce that women access the least. Lawyers also tend to discourage women from filing under the FMLO. If they choose to follow this advice, they lose their rights to financial settlements during the divorce procedure in Pakistan. Sri Lanka: Although fault-based dissolution is widely accessed by women, even where a woman can very clearly establish fault on the part of the husband, a family judge may be reluctant to grant a divorce if the husband is against it, and they may unnecessarily delay the proceedings, causing inconvenience and mental hardship for the wife.
Positive trends in implementation of Sri Lanka:
The landmark Supreme Court decision of King v. Miskin Umma 1925 26 NLR 330 led to restricting the traditional right of women to obtain a divorce through the intervention of the mosque imam. This decision reflected the conservatism regarding divorce that was found in colonial law at that time. The Muslim community resisted efforts to give the jurisdiction of divorce over to ordinary (colonial) courts. This reluctance led to the 1929 Muslim Marriage and Divorce Ordinance, which established special Qazi Courts with jurisdiction to grant fasah' and the 1951 MMDA refined this. If a woman applies for divorce procedure in Pakistan, and the husband twice fails to appear, the family court proceeds with ex-parte hearings and grants the divorce, not waiting the required 3 months for the husband to appear. Gambia: Communities rarely, if ever, apply the various grounds for dissolution available to women under Muslim laws. This is despite the practice in which the husband makes a verbal promise, at the time of the marriage ceremony, to meet his responsibilities.
Malaysia:
Since the introduction of fault-based grounds through the 1980s reforms, and with changing social attitudes, it is becoming increasingly acceptable for women to initiate divorce procedure in Pakistan. Bad character (the ground that the husband has been unfaithful) is hardly ever accessed because wives are not expected to speak about such conduct by their husband in public. Women of the elite classes who are married to cousins may share their problems with elders who may take some action short of divorce. Among the bad character, action may be taken if the husband is caught red-handed by someone other than the wife. Li'an is hardly accessed because of customary practices endorsing violent responses to (even presumed) adultery by women (see Volume II: Violence against Women). However, in some areas (Mianwali, Attock, Makran, and also Thar) if the wife is not caught red-handed, li'an may lead to divorce procedure in Pakistan. In Charsadda a woman's oath on the Qur'an is given value; in Swabi, on unproven suspicion of adultery, the husband may take a second wife. Ila is usually resolved by family mediation. Men sometimes use zihar in anger, and communities vary over whether this is regarded as a valid or invalid divorce. Generally, zihar is socially condemned and not accepted as a form of divorce procedure in Pakistan. Men may occasionally utter zihar as part of revenge and say you are my sister until I have avenged my father's death"). For details contact Advocate Nazia at familycaselawyer.com
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