• Monday, December 17, 2018

Verbal divorce has no legal value, SC tells petitioner

Discussion in 'Social & Current Events' started by HAIDER, Mar 13, 2018.

  1. HAIDER

    HAIDER ELITE MEMBER

    Messages:
    17,408
    Joined:
    May 21, 2006
    Ratings:
    +13 / 14,810 / -1
    Country:
    Pakistan
    Location:
    United States
    Justice Sajjad Ali Shah of the Supreme Court on Tuesday remarked that "verbal divorce" has no legal value and a divorce is only finalised after completion of the due procedure.

    "Divorce is a sensitive issue; how can it be finalised verbally?" Justice Shah asked while hearing a case at the Karachi SC registry against a woman seeking expenditure from her former husband. The husband had approached the apex court to turn down an earlier ruling ordering him to pay monthly expenditures to his ex-wife.

    "Divorce can't be finalised without fulfilling legal prerequisites," said the judge upon finding out that the man had divorced his wife only verbally and did not have any documents to prove the dissolution of marriage.

    The SC rejected the man's petition, saying that receiving monthly expenditure after divorce is the woman's right.

    Divorce process
    Senior lawyer Liaquat Ali told Dawn.com that as per Muslim family laws of the country, a husband, who wants to end the marriage contract, is bound to send a "written divorce" or Talaq Nama, bearing his and two witnesses' signatures, to his former wife. He is also bound to utter the verbal divorce in the presence of two witnesses, the lawyer said.

    As per the law, the husband will also intimate the relevant union council about his decision. "According to section 7 of the Muslim Family Law Ordinance 1961, the husband must mention the address of the woman, so the council could approach the woman and subsequently issue a certificate of divorce."

    He said that the divorce takes effect after completion of iddat. Liaquat Ali said that the law is aimed at securing the rights of women.

    "At least two witnesses are mandatory for divorce, according to both the law and Sharia," he said.
    dawn.com
     
  2. Retired Troll

    Retired Troll ELITE MEMBER

    Messages:
    29,033
    Joined:
    Apr 5, 2017
    Ratings:
    +9 / 24,272 / -8
    Country:
    Pakistan
    Location:
    Pakistan
    Fair enough.
     
  3. Imran Khan

    Imran Khan PDF VETERAN

    Messages:
    43,599
    Joined:
    Oct 18, 2007
    Ratings:
    +33 / 76,005 / -35
    Country:
    Pakistan
    Location:
    Pakistan
    verbal is not enough everything on females someone need to nuke them for only cup of tea
     
    • Thanks Thanks x 1
  4. Pomegranate

    Pomegranate FULL MEMBER

    Messages:
    1,908
    Joined:
    Feb 1, 2015
    Ratings:
    +1 / 4,055 / -0
    Country:
    Pakistan
    Location:
    Pakistan
    Problem is every one cannot understand law and the norms, I just think Supreme court is miss quoted so much these days.
     
  5. LeGenD

    LeGenD SENIOR MEMBER

    Messages:
    6,873
    Joined:
    Aug 28, 2006
    Ratings:
    +13 / 5,169 / -0
    Country:
    Pakistan
    Location:
    Pakistan
    Legal formalities of divorce should be completed and he has to bear expenses of his wife until the divorce is finalized.

    But why would a man bear expenses of his ex-wife? Doesn't make sense.
     
    Last edited: Mar 14, 2018
  6. Retired Troll

    Retired Troll ELITE MEMBER

    Messages:
    29,033
    Joined:
    Apr 5, 2017
    Ratings:
    +9 / 24,272 / -8
    Country:
    Pakistan
    Location:
    Pakistan
    What if its written on the marriage contract?
     
  7. LeGenD

    LeGenD SENIOR MEMBER

    Messages:
    6,873
    Joined:
    Aug 28, 2006
    Ratings:
    +13 / 5,169 / -0
    Country:
    Pakistan
    Location:
    Pakistan
    Then he is an idiot for signing it.
     
    • Thanks Thanks x 1
  8. Retired Troll

    Retired Troll ELITE MEMBER

    Messages:
    29,033
    Joined:
    Apr 5, 2017
    Ratings:
    +9 / 24,272 / -8
    Country:
    Pakistan
    Location:
    Pakistan
    Too late for that if he has already decided to get married in the first place lol
     
  9. HAIDER

    HAIDER ELITE MEMBER

    Messages:
    17,408
    Joined:
    May 21, 2006
    Ratings:
    +13 / 14,810 / -1
    Country:
    Pakistan
    Location:
    United States
    lol don't ask frustrated groom ... lolzzzzz lolzzzzzzzz
     
    • Thanks Thanks x 1
  10. Oscar

    Oscar ADVISORS

    Messages:
    30,436
    Joined:
    Mar 28, 2009
    Ratings:
    +304 / 54,471 / -0
    Country:
    Pakistan
    Location:
    Pakistan
    Doesnt matter for the general ignorant masses.
     
    • Thanks Thanks x 1
  11. Starlord

    Starlord ELITE MEMBER

    Messages:
    8,950
    Joined:
    Sep 25, 2016
    Ratings:
    +6 / 9,729 / -1
    Country:
    Pakistan
    Location:
    Pakistan
    What's the Quran says ?
     
  12. TMA

    TMA SENIOR MEMBER

    Messages:
    4,115
    Joined:
    Sep 7, 2015
    Ratings:
    +3 / 2,481 / -0
    Country:
    Pakistan
    Location:
    United Kingdom
    Can't really look there as too much interpretation will mean it is uninterpretable(!)
     
  13. DESERT FIGHTER

    DESERT FIGHTER ELITE MEMBER

    Messages:
    42,483
    Joined:
    Jan 1, 2010
    Ratings:
    +104 / 76,826 / -22
    Country:
    Pakistan
    Location:
    Pakistan
    Every sect and school of thought has a different interpretation.

    I agree with Ghamidis though... aswell as old timers like Maulana Ishaq (RIP)..

    Three times is BS.
     
    • Thanks Thanks x 4
  14. Wolfhunter

    Wolfhunter FULL MEMBER

    Messages:
    1,159
    Joined:
    Nov 17, 2017
    Ratings:
    +4 / 1,033 / -0
    Country:
    United Kingdom
    Location:
    United Kingdom
    How can you”verbally” annul a contract?
     
  15. I.R.A

    I.R.A ELITE MEMBER

    Messages:
    9,469
    Joined:
    Dec 17, 2014
    Ratings:
    +11 / 10,911 / -3
    Country:
    Pakistan
    Location:
    Pakistan
    The same way they consider marrying as young as 7 years old girl halal and Islamic.
     
    • Thanks Thanks x 2