Exceptions of Divorce in Pakistan For Females


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Exceptions of Divorce in Pakistan:

 Advocate Nazia, an expert lawyer for a divorce in Pakistan, says that divorce is subject to some exceptions. This is a single condition that no “exception” should prevent the occurrence of divorce in Pakistan. The exception may occur in the form “I divorce you with three repudiations, except one.” The other type is when the husband says, “You are divorced thrice, God willing.” Such statements may also give rise to stipulations. The details are not discussed here. Conditions that pertain to time: Here, too, there is a single condition of time, which is the time associated with the form of divorce called ila. Exceptions of divorce in Pakistan are given below.

 Conditions about the legal capacity of the husband for pronouncing divorce in Pakistan: The husband pronouncing divorce must be a major and must be sane because the divorce pronounced by an insane person, by an idiot, or by a minor is of no legal effect.

> Intoxication:

 The divorce pronounced by a person who is intoxicated voluntarily is valid, but the pronouncement by one who is intoxicated as a result of medication or bhang is of no legal effect. If he was compelled to take an intoxicant or did so under duress, his pronouncement of divorce in Pakistan is not valid.

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> Temporary loss of senses:

Words amounting to a pronouncement of divorce in Pakistan uttered by one who has fainted or has lost his minds temporarily for some reason are of no legal effect if the word is spoken in such a state.

>Coercion:

A divorce in Pakistan pronounced by a person under coercion is valid and effective. Test: A divorce pronounced explicitly by a person through jest is legally valid, and effective writing or meaningful gestures is valid.

>Mistake:

A divorce expressly pronounced by a person by mistake  

>Dumb person:

A divorce in Pakistan pronounced by a dumb person by means

>Divorce with an option:

 A divorce pronounced with an alternative or made contingent upon the happening of an event is valid.

>Health of husband:

Health is not a condition, and divorce pronounced by a ill person is correct.

Thus, a divorce in Pakistan pronounced during marred al-mawt (terminal illness) is correct.

>Islam: The person pronouncing divorce be a Muslim; a divorce pronounced by a non-Muslim doesn’t need to be valid.

>Husband in doubt about divorce or number:

When the husband doubts whether or not he pronounced divorce in Pakistan, the presumption is that he did not. If he is in doubt about the number, whether it was one repudiation, two or three, it is presumed that he pronounced it once. If he is in doubt whether it was a revocable or an irrevocable pronouncement, it is assumed that it was revocable.

>Husband missing (mafqud):

 The death of a missing husband cannot be presumed unless there are confirmed reports about his death. The basis is the general rule in Islamic law that something known with certainty (his being alive) cannot be done away with doubt (conjecturing that he must be dead).

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NIRAJ KUMAR