Let Know Fees and Talaq Law in Pakistan (2022)

Fees and Talaq Law in Pakistan:

 If you wish to know talaq law in Pakistan or khula fees in Pakistan, you may contact us. Pakistani women have achieved significant progress in terms of accessing their rights to education, work, and free movement, as demonstrated in international statistics and local civil society reports. Nevertheless, and despite constitutional provisions stating otherwise, the OPSL includes provisions that restrict the personal rights of a Muslim wife as a result of its mFaintenance-for-obedience legal framework on talaq law in Pakistan or khula fees in Pakistan.

Financial Rights:

Various broad legal provisions establish that the wife risks losing her financial rights if she ‘disobeys’ her husband.      A wife must live with her husband in the home he provides and is generally required to abide by his decisions with respect to moving residence. In addition. A husband may require his wife to live with his parents and children from other wives. At the same time, she generally may not shelter her children from another man in the marital home unless she can prove necessity or obtain her current husband’s permission.

Concluding Observations:

  2011 Concluding Observations (COBs) of the CEDAW Committee stated that the committee was concerned at the persistence of a significant number of discriminatory laws and provisions, including laws pertaining to marriage, d talaq law in Pakistan or khula fees in Pakistan, nationality, guardianship, and custodial rights that deny women equal rights with men. In spite of these COBs, the Government of Pakistan, in its 2016 State party report to the CEDAW Committee, stated that the Sultanate has “sought equality in all relations of family and marriage.” The report further stated that the legislature has “addressed shortcomings in the application of the Personal Status Law by amending to ensure women’s optimal obtainment of their right.”                

Khula Fees in Pakistan:

The Pakistani Government on talaq law in Pakistan or khula fees in Pakistan also stated in the report that it has taken measures to prevent exploitation of women or control of a Pakistan’s exercise of all her rights in numerous fields by supporting the legal capacity of women and defining their rights and that there are no restrictions on the legal capacity of women. 

  RESPONSE TO STATE REPORT

 The Government’s initiatives to improve women’s status in society are indeed valuable, and there is data that appears to show a positive environment for women’s personal rights in areas such as employment and education, Nevertheless, the OPSL is still based on the maintenance-for-obedience framework, which is inherently discriminatory. Men who fail to provide financial maintenance do not lose their authority over women, while women who financially provide for the family do not enjoy corollary rights and privileges; In spite of the State, party states that the legislature has amended the discriminatory provisions in the OPSL, many of the provisions mentioned in this section continue to ignore Article 17 of Pakistan’s Basic Law on talaq law in Pakistan or khula fees in Pakistan, which prohibits discrimination on the basis of Gender;      ● Discriminatory provisions in the law regarding the right to choose a residence and the restrictions on a married woman Pakistan’s ability to have her children from a former marriage live with her are especially problematic.

Omani Judicial Authority Law:

The Omani Judicial Authority Law established Shari’ah Courts (chambers) within each level of the judiciary – the lower courts, the appeals courts, the summary courts, and the Supreme Court – and vested within these Shari’ah Courts the exclusive power to adjudicate personal status matters of talaq nama in Pakistan or khula process in Pakistan. Despite the equality guarantee in Article 17 of the Basic Law, the OPSL provides for a marital framework based on ‘reciprocal’ or ‘complementary’ rights (as opposed to ‘equal’ rights) between the two spouses, whereby in return for maintenance and protection from her husband, a wife is expected to ‘obey’ him.

Legal Contract:

 Thus, for example, Article 4 of the OPSL defines marriage as “a legal contract between a man and woman, the purpose of which is to establish a stable family under the patronage of the husband;” and Article 38 of the OPSL provides that the husband is entitled to (i) receive the attention and obedience of his wife, as the parent of the family; and (ii) his wife’s duty to be responsible for the home and looking after their children.  

By John Sonron

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