KARACHI - 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 said 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.”

Universities Law Amendment

Bill 2018 challenged in SHC

President Pasban-e-Pakistan, Altaf Shakoor has filed a constitutional petition in the Sindh High Court (SHC) against the Sindh Universities Intuitions Law (Amendment) Bill 2018 here Tuesday. The petitioner was of the view that the provincial government is misusing its power and jurisdictions in education sector, which would result in downfall of educational standards in the province.  

The learned court fixed the date of March 14, 2018 for further hearing.