LEGAL INFORMATION · PAKISTAN

Frequently Asked Questions.

Family Law, Pension Laws and Criminal Law information supplied for The LegumLines website.

The following FAQs reproduce and organize the material supplied for this website. Legal rules and procedures can depend on the facts, current law and the relevant court/forum. This page is general information and should not be treated as a case-specific legal opinion.

Family Law

In Pakistan what are the legal terms used to identify the parties in a divorce proceeding?
In Pakistan the party filing the suit is called the “Plaintiff” and against whom the case is filed is called as the “Defendant”.
What are the different methods through which a marriage can be dissolved in Pakistan?
A marriage can be dissolved in various ways. It can be dissolved through divorce by husband upon his will without the intervention of a court commonly called a “Talaq”; through mutual consent of husband and wife, without intervention of the court called “Mubarat”; by a judicial decree “Khula” at the instance of the court; and by the wife in exercise of a contractual right of divorce.
What is meant by “Khula”?
Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through intervention of the court. A woman seeks “Khula” while man gives a “Talaq”. Wife has to forgo her dower to seek Khula.
What grounds are available to a wife to get Divorce according to Laws of Pakistan?

As per the Dissolution of Muslim Marriages Act a woman shall be entitled to obtain a decree for dissolution of her marriage on any one or more of the following grounds:

  • Whereabouts of the husband not known for four years;
  • Husband has neglected or failed to provide maintenance;
  • Husband has been sentenced to imprisonment for seven years or upwards;
  • Husband failed to perform marital obligations for three years;
  • Husband was impotent at the time of marriage;
  • Husband has been insane for two years;
  • She was married when she was minor;
  • Husband treats with cruelty;
  • Leads an infamous life; attempts to force her immoral life;
  • Venereal disease;
  • Incurable form of leprosy;
  • Disposes of her property;
  • Obstructs her in observance of her religious practice;
  • If she cannot live with the husband within the limitation imposed by the Almighty Allah.

Beside above, there are also other grounds available to wife for dissolution of marriages under Muslim Law.

What is the procedure to obtain “Khula” (dissolution of marriage) in Pakistan?
If wife is not delegated the right of divorce in her nikahnama (marriage contract form) then she would apply for khula in the court. When the wife files a suit for dissolution of marriage the court issues notice to the opposite party i.e. the husband and if he fails to appear after due process of posting and publication the court can proceed with the case ex-parte and pass a decree. In case where the husband or his representative appear he is required to file a written statement following which the court has to fix a date for pre-trial proceedings for reconciliation. If reconciliation fails court will pass decree for dissolution of marriage. The wife has to forgo her dower to obtain khula.
After obtaining khula decree from the court is dissolution of marriage complete?
Dissolution of marriage is not completed after obtaining Khula decree from the court. One need to file an application before the Chairman Arbitration Council/Union Council of her jurisdiction for obtaining dissolution of marriage certificate.
Can a wife be delegated right of pronouncement of divorce?
Yes, wife can divorce if so delegated in the nikahnama (marriage contract form). The said right is called Talak-e-Tafweez (delegated powers of divorce). Husband may delegate right to divorce while contracting marriage as per paragraph 18 of the Nikahnama, then the wife has a right to divorce, otherwise it is the exclusive right of the husband. But if wife has no such right and she wants dissolution of marriage then she can file a suit for the “Dissolution of Marriage” on the basis of Khula or seeks divorce through intervention of the court.
How would I know where my divorce case will be filed in Pakistan?
Your case can be filed where marriage has taken place or where marriage was registered; where the defendant is residing. Wife can also file a case at the place where she ordinarily resides.
Whether overseas Pakistanis wives can get divorce in Pakistan via online?
No.
Can overseas Pakistani file for divorce without coming to Pakistan?
Yes, but for that her marriage should be registered in Pakistan. She can appoint someone through Special Power of Attorney who will represent her on her behalf in the court.
What is the law for custody of children for divorcing couples in Pakistan?
Guardian and Wards Act is the law, family court can also entertain suit relating to custody of children according to Family Courts Act 1964 and Guardian and Wards Act, 1890. General rule is that the interest and welfare of the minor child should be of paramount consideration.
What are the rights of wife to property after divorce has taken place in Pakistan?
The bridal gifts given to wife in dowry/jahaiz are the exclusive property of wife during or after the marriage. Upon dissolution of marriage wife is also entitled to claim deferred dower and maintenance during the period of Iddat.
What is the procedure husband should adopt to give divorce to his wife in Pakistan?
Under the Muslim Family Laws Ordinance any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq/Divorce in any form whatsoever, give a notice in writing to the chairman of the Union Council and also send a copy to the wife. Within thirty days of receipt of notice of Talaq chairman shall constitute an arbitration council for the purpose of bringing about reconciliation between the parties and after expiry of ninety days if reconciliation fails divorce will take effect.
Can husband and wife dissolve their marriage through mutual consent?
Yes, they can dissolve their marriage through mutual agreement; the said divorce is called Talaq-e-Mubarat, literal meaning of Mubarat is ‘obtaining release from each other’. The offer for separation in Mubarat may proceed either from the wife or from the husband and as soon as it is accepted dissolution is complete.
Whereabouts of my husband are not known for a long time can I end my marriage?
Yes, you can end this marriage under the Dissolution of Muslim Marriage Act 1939 if whereabouts of your husband are not known for a period of four years.
Notice of Talaq sent through Chairman Union Council can it be revoked?
Yes, divorce/talaq notice can be revoked before expiry of ninety days from the date on which it was delivered.

Pension Laws

Who is responsible for initiation and completion of pension case of a retiring Government servant?
The responsibility of initiation and completion of pension papers is that of the head of the department / attached department concerned in case of government servants holding posts in BS-16 and above, and head of office in case of government servants BS 1-15. This action should be initiated one year before a government servant is due to retire.
Is pension a vested right of a retiring government servant?
The right of a civil servant to receive pension is inalienable in terms of Section 18 of the Punjab Civil Servants Act, 1974.
Is a pension liable to seizure, attachment or sequestration by process of any court in Pakistan?
As prescribed in Rule 5.10 of the Punjab Financial Rules Vol-I, no pension can be seized, attached or sequestered by any court in Pakistan under section-II of Act XXIII of 1871.
What is the minimum length of service for admissibility of pension?
As per Rule 4.4 of the Punjab Civil Service Pension Rules, amount of full pension is admissible after a qualifying service of not less than 10 years. Full superannuation, retiring, invalid or compensation pension may be granted in accordance with the scale/formula supplied in the firm's material: Last Pay drawn × 7/300 × number of years served.
What is full pension?
Full pension means the amount of ordinary pension admissible, including commuted portion of pension, if any.
Does any service rendered after retirement on superannuation / retiring pension count for pension/gratuity?
No such service shall not count for grant of pension.
Does period spent on leave count for pension?
All period spent on leave other than extra-ordinary leave counts as qualifying service for pension.
Does a period spent on approved training count for pension?
Yes such a period shall count as service qualifying for pension.
Does a period of suspension count for pension?
The period of suspension counts for pension, if it is immediately followed by reinstatement. However, if the period of suspension is treated as EOL, it does not count for pension.
What shall be the pay for the purpose of encashment of LPR?
Pay for the purpose of encashment of LPR includes basic pay, special pay, technical pay, personal pay or any other emolument specially classed as pay by the competent authority.
What is the mode of drawl of encashment of LPR?
Encashment of LPR can be drawn on month to month basis or in lump sum at the end of period of leave.
Can a government servant on LPR ask for withdrawal / cancellation of LPR during its currency?
As per Rule 18 of the Revised Leave Rules 1981, a government servant who is on LPR and requests its cancellation can be granted his request by the Administrative Secretary in case he is in BS-16 and in case he is in BS-17 or above, the Chief Secretary is empowered to do so.
What pensionary benefits are admissible to a government servant’s family in the event of his death, after rendering qualifying service of 10 years or more?
If he dies before retirement, his family shall be paid the benefits described in the supplied material, including a gratuity equal to commuted value of pension one fourth of his full pension calculated on the basis of age next birthday of the deceased and, in addition, pension for the period prescribed in sub-rule 4 of Rule 4.6 of Pb CSPR.
What are the prescribed time-lines for issuance of Pension Payment Order (PPO)?
As supplied: in case of normal retirement one month before retirement; in case of premature, voluntary or compulsory retirement or death, within three months of the date of the event.
How will pension stopped due to non-submission of life / no marriage certificate be restored?
A pension stopped due to non-submission of life or no marriage certificate shall be restored by the A.G (Pb) / DAO after the pensioner submits the requisite certificate after the due date, along with arrears. The pension so restored shall be released / authorized in the respective bank account.

The supplied Pension Laws material contains additional questions (including family pension, life/no-marriage certificates, invalid pension, notional increment, commutation, service verification and pension contribution). They can be expanded into a dedicated Pension FAQ page if desired.

Criminal Law

How is a First Information Report (FIR) registered at a Police station?
An FIR is an account of a cognizable offence that is entered in a particular format in a register at the police station. Every person has a right to report any matter at the concerned police station and have a case registered in the form of an FIR. The supplied material explains oral/written reporting, recording in the FIR register and provision of a certified copy.
What is the procedure for transfer of Investigation in case a party is not satisfied with investigation?
The supplied material describes the Police Order, 2002 process and references approaches to relevant police authorities, including district and provincial standing boards, depending on the stage and location of the investigation.
What is section 182 about the punishment for having a false case registered?
The supplied material states that Section 182 of the Pakistan Penal Code provides for a maximum penalty of six months in prison or fine or both in the circumstances described, and explains that the provision is non-cognizable and refers to court involvement.
What is section 144 and what does it imply?
The supplied material states that Section 144 of the Code of Criminal Procedure empowers district administration to issue orders in public interest that may place a ban on an activity for a specific period, with enforcement described through Section 188 of the Pakistan Penal Code.

Constitution & Penal Laws in Pakistan

What are the foundations of Pakistan's criminal justice system?
The supplied material identifies the Criminal Procedure Code of 1898 (CrPC) and the Pakistan Penal Code 1860 (PPC) as legal foundations of Pakistan's criminal justice system, describing the CrPC as procedural law for investigation, inquiry and trial.
What are investigation, inquiry and trial?
  1. Investigation includes proceedings for collection of evidence by a police officer or authorized person other than a Magistrate.
  2. Inquiry consists of satisfaction of the facts by a Magistrate on receiving a police report or complaint.
  3. Trial refers to a judicial proceeding which ends in conviction or acquittal.
What is a complaint case?
The supplied material explains that the machinery of law may also be brought into motion via filing a private complaint against offenders or wrongdoers and references Section 200 of the Code of Criminal Procedure.

Law of Bail

What are the kinds of bail?
The supplied material discusses bail after arrest/post-arrest, bail before arrest/pre-arrest, protective bail and bail after conviction, and by nature interim bail and permanent/confirmed bail.
What are the relevant provisions for bail?
Sections 496, 497 and 498 of the Cr.P.C are identified as relevant provisions in the supplied material. Section 426 is also referenced for bail after conviction.
What are the essential ingredients discussed for confirmation of pre-arrest bail?
  • Ulterior motives / mala fide circumstances as described in the supplied material;
  • Heinousness of offence is stated as not being determinative;
  • Investigation may show the accused has not committed the offence;
  • Physical surrender;
  • Fit case for exercise of judicial discretion;
  • Readiness to submit the prescribed bail bond.
What are the grounds discussed for post-arrest bail in non-bailable offences?
  • Prohibitory clause considerations;
  • No reasonable grounds for believing the accused committed the non-bailable offence;
  • Sufficient grounds for further inquiry;
  • Readiness to submit bail bond;
  • Personal enmity;
  • Rule of consistency;
  • Child or woman;
  • Sick or infirm person;
  • Insufficient evidence;
  • Doubt or recovery considerations;
  • Delay in registration of FIR or trial as described in the supplied material.