According to The Bureau of Consular Affairs of the United States Department of State, divorce certificates in Pakistan are available from the municipality, union council or in Azad Kashmir, from the District Mufti (8 May 2003). "Where a divorce has been granted by a civil court, as in the case of Christians, copies of the orders [divorce certificate] can be obtained from the court" (US 8 May 2003).

The Joint Director of the Human Rights Commission of Pakistan (HRCP) indicated, in correspondence to the Research Directorate, that "there are often long delays" in the issuance of divorce papers by a court or municipal registry office (25 Feb. 2004). She also added that divorce documents contain the names of both parties, the date and place of marriage, the date of the divorce and whether it was granted by a court (HRCP 25 Feb. 2004).

Similarly, a Lahore-based human rights lawyer provided the following information to the Research Directorate:

1. In Pakistan, [a] divorce certificate can be issued by the Family Court OR the Arbitration Council [AC]. The Arbitration Council is the Local Body representative of the area in which the woman resides.

2. The document [issued by] the court and the AC [contains] the names of the parties and [the] date of divorce. Their ages etc., are not mentioned.

3. The document is registered [with] the Union Council, which is very disorganized (27 Feb. 2004).

A divorce in Pakistan becomes valid 90 days after the divorce has been announced to the AC (US 8 May 2003). Section 7 of the 1961 Muslim Family Laws Ordinance provides that upon the conclusion of the 90-day period, if no reconciliation has taken place, either party may request a divorce certificate from the AC, which proclaims the date on which the divorce came into effect, thereby enabling either party to remarry (ibid.). This applies to "'all Muslim citizens of Pakistan wherever they may be'" (8 May 2003).

The following information pertaining to the issuance of divorce documents under Muslim laws in Pakistan, was provided to the Research Directorate by a Karachi-based lawyer:

1. A confirmation certificate of divorce is issued by the authorized and designated officer under [the] Muslim Family Laws Ordinance and Rules after reconciliation by the officer pursuant to the pronouncement of Talak (divorce), have failed. This certificate usually ends with the following:

"Whereas after receipt of the letter (Talaknama) dated ................... under Section 7 of the Muslim Family Laws Ordinance 1961 and subsequent correspondence, both parties were contacted for reconciliation but no reconciliation resulted. I, therefore, confirm the divorce.

The Divorce is confirmed under my seal on the .........month ..........Year ...............authorized officer stamp................ Signed".

2. This document contains the title i.e. name of the husband with his address (as Applicant) as also the name of the wife and her address (as Opponent/Respondent), reference to Talaknama (divorce letter), the date on which divorce is confirmed (divorce becomes effective), fact of failure of the reconciliation and the signatures and seal of the officer and the Authority issuing it.

Please note that according to the decisions of the Supreme Court and High Court, issuance of such [a] certificate does not come in the way of divorce becoming absolute and effective [after statutory period of 90 days from the date of the issuance of the Talak letter expires]. This certificate may not contain the date of the marriage, place of marriage or any other particulars but would mention the file number in the record in the issuing office for future reference.

3. This document does not require registration with any Government body. It is entered and registered (para. 2 above) in the issuing office and the registration number is mentioned on this certificate. It is not required to be registered with the traditional Registration Offices i.e. the Registrar or Sub-Registrar registering documents and deeds and operating under the Registration Act.

4. (i) The divorce can take place by Talak i.e. an arbitrary act (divorce) pronounced unilaterally by [a] husband or, in case of delegated authority, by [a] wife as delegatee.

(ii) It can take place by mutual consent of [the] husband and wife with [an] intimation letter [that is] sent to the designated officer (para. 1 above).

(iii) It can be granted by a Family Court on petition by a wife.

Normally the husband writes a letter pronouncing divorce and sends a copy of this letter to the designated councilor, who is an elected councilor (in his absence Civil Judge) of the area where the wife resides. The officer calls the parties to his office for reconciliation as required by Muslim Family Laws Ordinance 1961 and the Rules framed thereunder.

Ordinance of 1961

"Section 7 (1) Any man who wishes to divorce his wife shall, as Talaq soon as may be after the pronouncement of Talaq in any form whatsoever, give the Chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife".

"Section 7 (4) Within thirty days of the receipt of notice under Sub-Section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation".

"Rule 5 (6) All decisions of the Arbitration Council shall be taken by majority, and where no decision can be taken, the decision of the Chairman shall be the decision of the Arbitration Council".

"Rule 5 (7) A copy of the decision of the Arbitration Council duly attested by the Chairman, shall be furnished free of cost to each of the parties to the proceedings".

"Rule 6 (1) of Muslim Family Laws Rules 1961: Within seven days of receiving an application under Sub-Section (4) of Section 6 or under Sub-Section (1) of Section 9, or a notice under Sub-Section (1) of Section 7, the Chairman shall, by order in writing call upon each of the parties to nominate his or her representative, and each such party shall, within seven days of receiving the order, nominate in writing a representative and deliver the nomination to the Chairman or send it to him by registered post".

On failure of the reconciliation efforts, the councillor (who is called Chairman of the Arbitration Council) confirms the divorce by a letter/order. He cannot grant divorce as stated above only confirm it. Even if the certificate of confirmation is not issued by him the divorce becomes final after the period of statutory time meant for reconciliation according to the Supreme Court (of Pakistan) and High Court decisions.

The powers to grant divorce rests with the Family Court to whom the wife can make a petition, if she does not have the delegated powers given to her in the marriage contract by the husband whereby she can issue a letter pronouncing divorce for herself as a man would do. The Family Court of the area where she resides has powers to grant her divorce on her petition and normally would grant divorce if she shows that she is entitled to divorce on any of the grounds allowed by "Dissolution of Muslim Marriages Act 1939" or if she claims that she cannot live with him (as mandated by law and religion) (25 Feb. 2004).

The Joint Director of HRCP also stated that "[s]ome clerics in the country ... hold that, under Islamic law, if a man pronounces three times that his wife is divorced, such a divorce stands, contributing to the confusion over the matter " (25 Feb. 2004). Reference to this type of divorce was also made by the Bureau of Consular Affairs of the United States Department of State:

... [i]n Pakistan (apart from Azad Kashmir), divorce is subject to arbitration, while in Azad Kashmir the "bare talaq" (uncontestable verbal pronouncement of divorce by the husband) is still permitted. Some foreign embassies and Pakistani legal authorities question the validity of the bare talaq if the wife resides outside Azad Kashmir and contests such a divorce under the laws prevailing in other areas of Pakistan (Muslim Family Laws Ordinance). ... (8 May 2003).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Human Rights Commission of Pakistan (HRCP). 25 February 2004. Correspondence from the Joint Director.

Lawyer, Karachi. 25 February 2004. Correspondence.

Lawyer, Lahore. 27 February 2004. Correspondence.

United States (US). 8 May 2003. The Bureau of Consular Affairs, United States Department of State. http://travel.state.gov/reciprocity/Country%20Folder/P/Pakistan.htm [Accessed 24 Feb. 2004]

A Karachi-based lawyer, did not respond to a letter requesting information.

Internet sites, including: BBC, Dawn [Karachi], Dialog, European Country of Origin Information Network (ECOI), Human Rights Watch (HRW), National Database and Registration Authority (NADRA), PakTribune, United Kingdom (UK) - Immigration and Nationality Directorate (IND), United Nations High Commissioner for Refugees (UNHCR) - Country of Origin and Legal Information