ENACTMENT NO. 5 OF 1956
ADMINISTRATION OF THE LAW OF THE RELIGION OF ISLAM ENACTMENT 1956

PART VI - MARRIAGE AND DIVORCE



Section 127. Divorce at wife's request.

(1) A married woman may apply to a Kathi for a divorce in accordance with the Law of the Religion of Islam.

(2) The Kathi on receipt of such application as is mentioned in sub-section (1) above, shall enquire into the application, and if such application has been caused by a disagreement of an extreme nature between the husband and the wIfe, the Kathl shall appoint two arbitrators, representing the husband and the wife respectively, with sufficient powers given by both parties to enable the arbitrators to effect- a peaceful reconciliation of the parties, to the extent of the arbitrator of the husband divorcing the wife and the arbitrator of the wife applying for a divorce by redemption (cherai tebus talak). If both arbitrators decide for a divorce whether by redemption or not, the arbitrator of the husband may divorce the wife, and the divorce shall then be registered.

(3) If the husband does not agree to a divorce but the parties agree to a divorce by redemption, the Kathi may assess the amount of the payment to be made by the wife in a manner as may from time to time be prescribed by the Majlis and shall upon payment of the prescribed fee cause the husband to pronounce the divorce by redemption and register and issue a certificate of the same.




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