What happens if a husband refuses to follow the legal divorce process?

In Divorce Procedures in Pakistan is not just a private matter between husband and wife; it is a legal process regulated by the Muslim Family Laws Ordinance, 1961, and overseen by local government bodies, particularly the Union Council. The law requires specific steps to be taken to ensure that a divorce is recognized and effective in the eyes of the state. This includes the mandatory submission of a written notice of divorce to the Union Council and participation in the reconciliation process. However, there are cases where a husband pronounces Talaq (divorce) but refuses to follow the proper legal procedure, either by failing to notify the Union Council or by trying to bypass the process altogether. This can lead to serious legal, social, and practical consequences.

1. The Legal Requirement for Notifying the Union Council

Under Section 7 of the Muslim Family Laws Ordinance, 1961, a husband who pronounces Talaq is legally required to send a written notice to the Chairman of the Union Council within a reasonable time after the pronouncement. The notice must clearly state that a divorce has taken place, and it triggers a mandatory 90-day reconciliation period, during which the Union Council forms an Arbitration Council to attempt reconciliation between the spouses.

Without completing this process, the divorce is not recognized by the state, and the couple is still considered legally married in the eyes of the law, even if they are living separately.

2. Legal Consequences for the Husband

If a husband refuses to follow the legal divorce process, especially by not sending the required notice to the Union Council, he commits a legal offence.

a) Punishment under Section 7(2)

Section 7(2) of the Muslim Family Laws Ordinance clearly states:

“Whoever contravenes the provisions of subsection (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.”

This means that a husband who fails to give proper notice of divorce can be jailed, fined, or face both penalties. This provision exists to prevent unilateral and undocumented divorces that could deprive women of their legal rights.

b) Divorce Not Legally Valid

Even if the husband verbally pronounces Talaq, if he does not notify the Union Council, the divorce will not be legally recognized. This means:

• The woman remains married in official records.

• She cannot legally remarry.

• Her Iddat period is not considered to have started.

• She may still be entitled to maintenance from her husband.

This situation can lead to confusion, legal disputes, and emotional distress, particularly for the wife.

3. Impact on the Wife

When a husband refuses to follow the legal process, it often leaves the wife in a state of uncertainty. She may believe she is divorced, especially if the husband has pronounced Talaq, but if the legal steps are not followed, her status remains that of a married woman in the eyes of the law. This can create several problems:

• She cannot remarry, as this would be considered bigamy, which is a criminal offence.

• She may not be able to claim her financial rights, such as maintenance or dower (mehr).

• It becomes difficult to resolve matters related to child custody or property rights.

In such cases, the wife has the right to approach the Family Court to either enforce the legal process or to seek a divorce on her own through Khula.

4. Legal Remedies for the Wife

If a husband refuses to initiate the divorce process correctly, the wife is not left helpless. She has several legal options:

a) File a Complaint in Court

She can file a complaint against her husband for violating Section 7(1) of the Muslim Family Laws Ordinance. This can result in legal action, including a fine or imprisonment for the husband.

b) Seek a Divorce through Khula

If the husband is unwilling to cooperate, the wife can file for Khula in the Family Court. Khula is a form of judicial divorce where the wife seeks dissolution of marriage on specific grounds, such as cruelty, abandonment, or irreconcilable differences. The court will issue a decree of divorce, and then the Union Council is notified to complete the process.

5. Religious vs. Legal Recognition of Divorce

It is also important to understand the distinction between religious divorce and legal divorce. In Islam, Divorce Procedures in Lahore, the pronouncement of Talaq may be religiously valid, but in Pakistan, it is not considered legally effective until the notice is submitted to the Union Council and the 90 days have passed. This alignment of religious principles with legal procedures is necessary to protect the rights of both spouses and to ensure proper documentation.

Conclusion

A husband’s refusal to follow the legal divorce process can have significant legal, emotional, and practical implications. The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. The law in Pakistan is clear: a Talaq is only effective if the proper notice is given to the Union Council and the reconciliation process is completed. Failure to comply can result in criminal penalties and invalidity of the divorce, leaving the wife in a state of legal limbo. Therefore, both spouses need to follow the prescribed legal steps to ensure that the divorce is recognized, documented, and just. The legal process is in place not to complicate matters, but to protect the rights of both parties, particularly the rights of women and children.