1. Marriage (Nikah):
- In Pakistan, Muslim marriages are governed by Muslim Family Laws Ordinance, 1961, which requires that marriages be registered and solemnized as per Islamic principles.
- The ordinance mandates Nikah Registration and prescribes conditions for the solemnization of the marriage contract.
- The Nikahnama (marriage contract) is a legal document outlining the rights and responsibilities of both spouses, including details about dower (Mahr) and other conditions agreed upon by the parties.
- The Christian Marriage Act 1872 governs Christian Marriages and divorces, while the Hindu Marriage Act 2017 regulates Hindu Marriages and divorces.
2. Dissolution of Marriage (Divorce):
- The dissolution of marriage can occur through Talaq (divorce by husband), Khula (divorce initiated by wife), or Mubarat (mutual consent).
- Talaq must be communicated in writing to the Union Council, which initiates a reconciliation process before confirming the divorce.
- Khula, under The Dissolution of Muslim Marriages Act, 1939, allows the wife to seek dissolution on specific grounds, such as cruelty, failure to provide maintenance, desertion, or mental illness.
- Judicial Separation is another form of divorce, typically sought under The Family Courts Act, 1964, if reconciliation efforts fail.
