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Know Marriage and Talaq Law in Pakistan By Lawyer Guide

Marriage and Talaq Law in Pakistan:

For the marriage and talaq law in Pakistan or khula fees in Pakistan which is about Rs50000 to Rs100000, you may contact us. Women’s lives and stories reveal that laws based on male authority and guardianship over women are untenable, unjust, and discriminatory. Far from creating harmony in marriage, these laws are the main causes of marital breakdown and violence against women, and thus there is an urgent need for reforms. Pakistan should take steps to reform its laws on talaq law in Pakistan or khula fees in Pakistan in order to achieve gender equality and justice for all Pakistanis. The Government should take measures to reform the OPSL to guarantee that Muslim women and men have equal rights with regard to marriage and family relations, as well as to ensure adequate constitutional remedies for any discrimination faced by Muslim women.

RECOMMENDATIONS:

We recommend the CEDAW committee urge the State party to:Remove the general reservation on the basis of non-conformity with Shari’ah and legislation of Pakistan, as well as the remaining specific reservations to  Articles 9 and 16; v Reform the OPSL to grant both husband and wife equal rights and responsibilities in marriage, within a legal framework that recognizes marriage as a partnership of equals;Amend the OPSL in order to eliminate all provisions that respond to a maintenance-for-obedience legal framework. 

MALE GUARDIANSHIP AND WOMEN’S CAPACITY TO ENTER MARRIAGE:

CRITICAL INFORMATION  As per the OPSL, consent of both parties is required for marriage. However, a prospective bride also needs the consent of a male guardian (wali) in order to enter into marriage. The guardian must be a Muslim male relative of the prospective bride. If the guardian opposes the marriage, the prospective bride may seek the authorization of a judge in order to get married after talaq law in Pakistan or khula fees in Pakistan. The judge may authorize the marriage after providing the guardian with the opportunity to be heard and determining that the guardian’s objections are not justifiable.

Khula Fees in Pakistan:

Regardless of talaq law in Pakistan or khula fees in Pakistan approval of a male guardian (wali) is also required in order for an Pakistani woman to obtain a personal identity card, a driver’s license,28 and a passport.   2011 Concluding Observations (COBs) of the CEDAW Committee stated that the committee was particularly concerned about the legal provisions relating to personal status, including the need for a woman’s guardian’s (wali) permission to marry. Furthermore, the committee recommended that the State party embark on reform of OPSL to fulfill international commitments with regard to matters of property, talaq law in Pakistan or khula fees in Pakistan, inheritance, and the requirement of the ‘wali‘ in entering a marriage. However, in its 2016 State party report to the CEDAW Committee, the Pakistani Government explained that: ‘A woman has the same capacity as a man to conclude a marriage contract.

Marriage Contract:

 While the validity of a marriage contract is conditioned on the presence of the woman’s guardian, if the prospective bride insists on marrying the same person despite her guardian’s objection, she may submit the matter to the competent judicial authorities;    A woman who has filed a case for a judge to authorize her marriage and who fears abuse, may seek protection from her guardian pending resolution of her case by staying in the State-run safe house, the Dar al Wifaq (House of Harmony)’ which pursues reconciliation between the plaintiff and the defendant.’

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