Divorce in Pakistan

Divorce in Pakistan is mainly regulated under The Dissolution of Muslim Marriage Act 1939 amended in 1961 and The Family Courts Act 1964.[1]

Similar to global trends divorce rate is increasing gradually in Pakistan too.[2] In Punjab (pakistan), in 2014 khula cases registered were 16,942 that rose to 18,901 cases in 2016.[2][3] In 2019 in Karachi 11,143 cases filed, 2020 first quarter 3,800 cases filed, one and half year preceding to June 2020 cases filed were 14,943; out of which 4,752 disposed of effecting 2,000 women divorced in 2019 affecting 2100 children.[4]

Pakistan's prime minister Imran Khan holds popularity of Hollywood and Bollywood films to be responsible for increase in divorce rate in Pakistan.[4]

According to Pakistani conservative Islamist scholarship provision of giving written notice to spouse for divorce is incompatible with Islamic laws and practices and they pressure the government to revoke such provisions. [5][6] Section 10 (4) of the Family Courts Act, October 2005 provides for divorce procedure.[4]

For the Hindus, the divorce was legalized in Sindh in 2018 when Sindh Hindu marriage act was amended to add divorce and remarriage rights for Hindu couples.[7][8]

Reason for divorce

Prolonged illness, infertility, disability, chronic illness, and mental health issues are some of the reasons for divorces along with western influence, decreasing trust and tolerance vis a vis the joint family system, unemployment, and financial stress, decreasing religious value education too are some of the reasons for an increase in the divorce rate in Pakistan.[2] A culture of strong joint family connections in Pakistan can lead to interference from joint of family members that intensify marital discord.[3]

US and western influence

Shazia Ramzan and Saira Akhtar ascribe multinational job opportunities and study scholarships for Pakistani women as reasons for the increase in the divorce rate in Pakistan;[2] Murtaza Haider questions such anti-western theories, pointing out that few women have access to overseas study. Haider suggests to stopping domestic violence against wives will reduce divorce in Pakistan.[9]

Extra marital relationships

Pakistani spouses consider extra marital affairs as unforgettable and unforgivable act which leads to divorce situations [3]

Sexual Dysfunction

As per Khan, Sikander, Akhlaq while some women complained of their respective spouses being impotent or gay. [3]

Intimate Partner Violence

Domestic violence and intimate partner violence is a major reason for marital breakups in Pakistan.[3]

Difficulties in availing remedies

Mohsina Munir, Tahira AbdulQuddus study of 500 female petitioners found that petitioners women usually face problems on account of very long suits, very costly expenses, insufficient awareness of legal provisions and lack of ease of legal support, insufferable false accusations, bribery, nepotism, unjust action taken on legal requirements and fake witnesses. [1]


Effects

As per to ‘Global Gender Gap Index 2018’, Pakistan scored 148 of 149 countries in terms of gender parity across four areas: education, health, economic opportunity, and political empowerment, that means women in Pakistan substantially miss on emotional and financial support and makes them helpless in marital discord situations. [3] Still women are stigmatized even if cause and decision of divorce is not her mistake.[1][3] Children of separated parents have to struggle more to find his life partner in Pakistan [3]

Health

Women suffer insomnia, depression, anxiety, and panic attacks whereas men suffer psychologically for the longingness of their children. Distrust and loneliness are faced equally by both. [3]

Divorce compensation

According to Sulema Jahangir due to politically influential conservative mindset spread by Islamist clergy in south Asia many Muslim women bear with abusive marriages to avoid risk of finding themselves on the street.[6] It is not western influences or women behavior responsible for increasing divorce rate in Pakistan but cost of breaking up marriage to Pakistani male is minimal. Maintenance awarded to children is minimal, and even after giving lifetime service to her family, women don't get share in income or assets of their parting husband.[6] Sulema Jahangir says modern International standards and Convention on the Elimination of all Forms of Discrimination Against Women expect divorce proceedings to count women’s non-financial contributions to a marriage. Many other Muslim countries from Idonesia to Turkey are moving forwards in incorporating suitable legislations improving financial compensation to divorcee wives as mata’a (compensation of kindness) or haq meher (rightful mandatory compensation) through Nikah nama sharing husbands income and assets to better much levels (30 to 50% of assets while departing) also taking into account their non-financial contributions to the family, but Pakistan is lagging behind in social emancipation of divorcing wives.[6]

In literature, drama and media

2019 Pakistani TV drama named Meray Paas Tum Ho encompassing debate surrounding marital relationships getting estranged with foregrounding of romantic extramarital relationship, caught Pakistani national attention.[10]

See also

References
  1. Munir Mohsina, AbdulQuddus Tahira (2018). "Female Muslim Petitioners in Pakistani Family Courts-Cases, Problems and Solutions" (PDF). Al-Adwa. 50: 51 to 58 – via pu.edu.pk.
  2. Ramzan, Shazia; Akhtar, Saira; Ahmad, Shabbir; Zafar, Muhammad Umar; Yousaf, Haroon (April 2018). "Divorce Status and Its Major Reasons in Pakistan". Sociology and Anthropology. 6 (4): 386–391. doi:10.13189/sa.2018.060405.
  3. Khan, Gulwish; Sikander, Pireh; Akhlaq, Ather (2019). "FACTORS PERTAINING TO RISING DIVORCE RATE AND ITS CONSEQUENCES ON THE FAMILY CULTURE OF PAKISTAN: A QUALITATIVE STUDY". Ibt Journal of Business Studies. 15 (2). ISSN 2409-6520.
  4. "Divorce, Family dispute cases Surge in Karachi". BOL News. 2020-06-13. Retrieved 2020-06-21.
  5. http://pu.edu.pk/images/journal/studies/PDF-FILES/36_v21_1_20.pdf
  6. "An unequal partnership". Dawn. 2020-03-02. Retrieved 2020-06-21.
  7. "In its last session, Sindh Assembly grants Hindu widows right to remarry". Express Tribune. 26 May 2018. Retrieved 14 November 2020.
  8. "Pak's Sindh to let divorced or widowed Hindu women remarry". Times of India. 11 August 2018. Retrieved 14 November 2020.
  9. Haider, Murtaza (2015-08-26). "The US is making Pakistani wives divorce their husbands". DAWN.COM. Retrieved 2020-05-25.
  10. Sarfraz, Mehmal (2020-02-15). "The 'good' and 'bad' women of serials: How a Pakistan show has triggered debates on depiction of women on television". The Hindu. ISSN 0971-751X. Retrieved 2020-04-10.
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