If this is not possible because her whereabouts are not known and notice cannot be served on her through her immediate family, the husband can still serve notice through a newspaper approved by the Union Council.Sometimes families make the mistake of refusing to receive a registered notification, fearing that it is notice of talaq. Therefore, it is vital for a woman to be absolutely clear about her marital status and to have documentary proof that she is properly divorced.Notice of talaq can be served on a wife (with the Union Council’s permission) through her father, mother, adult brother or sister – but no other relatives. However, since 1979, bigamy makes a woman liable to charges of zina which can carry very severe penalty such as death. Even if the Union Council issues a certificate of talaq, if notice was not properly served on the wife, the talaq can be challenged.This law was originally designed to protect women from a instant and unrecorded divorce.īefore 1979 and the introduction of the Zina Ordinance, a woman who was not properly divorced and who later remarried could be punished for bigamy and sentenced up to 7 years (or up to 10 years if she concealed the previous marriage) and only on the complaint of her first husband. 5000/-The Importance of Registered notice of TalaqA verbal talaq is not recognised by law and the husband’s failure to send written notice to the Union Council makes the talaq ineffective. Once the iddat period (90 days from the date the union council receives the talaq notice) is over, the union council will issue a certificate of Talaq being effective to the husband and wife.Please note that talaq is not effective until the expiry of iddat period and failure to abide by law wil cause a simple imprisonment for up to one year and/or a fine of up to Rs. Thereafter the concerned union Council sends a copy of the notice to wife by registered post and it constitutes arbitration Council within 30 days of receipt of notice. The paternity of children can also be disputed.In addition to any court decree, the woman must make sure she collects her talaqnama certificate from the Union Council and keep it somewhere safe.Talaq (Divorce)As per Muslim Personal Law and under section 7 of the Muslim Family Law Ordinance the husband pronounces talaq (oral or by way of Deed of Divorce) and sends written notice by registered post to the Union Council, mentioning address of his ex- wife.
Failure to do so can raise doubts about the effectiveness of the divorce and lead to serious legal problems, such as a case of bigamy and zina against a woman who later remarries, or difficulties in settling issues related to the divorce such as past maintenance or claiming deferred haq mehr.
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