PRONOUNCEMENT OF TALAQ, PROCEDURE OF TALAQ, ORAL TALAQ, MODES OF TALAQ, SEC.7(2) FAMILY LAW ORDINANCE 1961

 

PRONOUNCEMENT OF TALAQ

PROCEDURE OF TALAQ

 VALUE OF ORAL TALAQ

SECTION 7(1) OF THE MUSLIM FAMILY LAW ORDINANCE 19 61

According sec.7

                        Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in "writing" of his doing so,

and shall supply a copy thereof to the wife.

PUNISHMENT:

Sec.7(2)

              Whoever contravenes the provision of subsection (1) shall be punishable

               with simple imprisonment for a term that may extend to one year, or

               with fine which may extend to five thousand rupees, or with both.

 

PRONOUNCEMENT OF TALAQ

                                                              A talaq may be in writing or by a word of mouth

and no particular form is necessary. Marriage under Muslim law is a civil contract

and not a sacrament. It is ordained by God in Holy Quran and it is for comfort, love, and compassion. IT is the bounden duty of the husband to keep his wife with love and affection

respect and provide her maintenance during the subsistence of marriage. 

Islam has laid down parameters, for spouses to live within those bounds and if parties

transgress those parameters, they should relieve each other i.e. they may break matrimonial

ties with kindness.

MODES OF DIVORCE

                            Contract of marriage under Muslim law can be dissolved, inter alia,

1. By husband at his will without intervention of  a court; 

 2. By mutual consent of spouses,

3. By a judicial decree on a suit filed by any of the spouses.

   Divorce when proceeded from the side of the husband, it is called "TALAQ" 

and when it is effected by mutual consent it is called "MUBARAT".

FORMS OF TALAQ

No particular form of notice is prescribed either by Muslim Family Law Ordinance 1961

 or in Rules framed thereunder. The object of notice is to communicate to the wife and 

The chairman was concerned about the fact that the husband had dissolved the marriage so that proceedings

for reconciliation could be undertaken. The expression used in section 7(1) on this behalf is  

"after the pronouncement of talaq in any form whatsoever" is comprehensive. 

ORAL PRONOUNCEMENT

                                              In spite of non-compliance with the mandatory requirement 

of sec.7, the oral talaq is effective and binding on the parties.

Sections 7 and 8 of the Muslim family laws ordinance does not make any distinction

between an oral and written pronouncement of talaq.

Talaq even if pronouncement orally requires notice to be given to the chairman and

does not become effective till 90 days expired after such notice.

Divorce would not become ineffective in Sharia, where the husband has divorced

his wife orally had failed to send notice to the chairman, union council concerned

relating to such divorce.

Husband is required to send notice of divorce to the Arbitration council concerned

and also to send to copy of such notice to wife by registered post.