Separation

The laws governing marital separation and dissolution of marriage in Pakistan vary according to the religion of the parties involved. Whether under Islamic, Hindu, or Christian personal laws, the process aims to ensure fairness, justice, and protection of fundamental rights for both spouses.

At Shabir Shar Law Associates, we provide expert legal assistance for separation and dissolution cases across all faiths, ensuring compassionate and confidential legal support.

Khula (Muslims)

Under Section 5 of the West Pakistan Family Courts Act, 1964, Family Courts are empowered to deal with matters related to:

• Dissolution of Marriage (Khula)

• Recovery of Dower and Dowry Articles

• Maintenance

• Restitution of Conjugal Rights

• Custody and Guardianship of Children

Khula is a legal right available to a Muslim woman to dissolve her marriage through the court. It requires the wife to surrender her dower (Haq Mehr) or return it if already received.

Grounds for Obtaining a Khula Decree

According to Section 2 of the Dissolution of Muslim Marriage Act, 1939, a woman may seek Khula on the following grounds:

• Husband missing for four years

• Husband’s failure to provide maintenance for two years

• Husband sentenced to imprisonment for seven years or more

• Husband’s failure to fulfill marital obligations for three years

• Husband’s impotence or chronic illness

• Cruelty, habitual assault, or mental torture

• Dispossession from legal or marital rights

• Obstruction of religious practice

• Marriage solemnized without consent during childhood

• Any other valid ground recognized under Islamic law

Where to File:
A Khula application is filed in the Family Court of the area where the woman ordinarily resides.

Separation under Hindu Law

For Hindus in Pakistan, marital separation is governed by the Hindu Marriage Act, 1955, and the Hindu Marriage Act, 2017 (for Pakistan).
Either spouse may file a Petition for Judicial Separation before the Civil Court under Section 10 of the Act on grounds such as:

• Cruelty or assault by the spouse

• Adultery or voluntary sexual intercourse outside marriage

• Desertion or living apart for two years or more without reason

• Conversion to another religion

• Mental illness or insanity

• Bigamy (husband marrying another woman while the first marriage is subsisting)

The Hindu wife can also seek separation if the husband remarries during her lifetime.
The decree for Judicial Separation allows the couple to live apart without dissolving the marriage completely.

Shabir Shar Law Associates assists Hindu clients in filing petitions for separation, maintenance, and other matrimonial disputes before Civil Courts.

Separation under Christian Law

For Christians, separation is governed by the Divorce Act, 1869. Under Section 22, either spouse may file a Petition for Judicial Separation before the Civil Court on grounds including:

• Cruelty or inhumane treatment

• Desertion for at least two years without cause

• Mental illness or unsoundness of mind

A Decree for Judicial Separation does not dissolve the marriage but suspends marital obligations. If reconciliation occurs, the parties may apply to the court to rescind the decree and resume marital life.

Shabir Shar Law Associates provides full legal assistance for Christian separation, maintenance, and matrimonial disputes, ensuring that clients receive just and lawful representation in accordance with their faith.