Pakistani Divorce Valid or Not

[surge7]

I am British Pakistani but Pakistani by birth. I got married last year in Pakistan to a Pakistani Girl (Just Nikah which is registered in Pakistan and rukhstani never happened). We both never lived together, So its non-consummated marriage. I applied for her spouse visa which she got it and she came over here on her own recently but we never lived together as husband and wife not even for one night. My question is that can I divorce her in pakistan whilst we both are in the UK. She is Pakistani national. I spoke to quite a few solicitors and they have two different view. Some says its valid in the UK and says its dont. Reason i dont want to divorce here is that i dont know her address in the UK.

My Question: is my overseas/pakistani divorce valid in the UK if I divorce her in Pakistan whilst I am in the UK? Do I have to be present in pakistan or can I sign the paper and follow the pakistani procedure?


Please refer to the below link.
https://www.gov.uk/government/publicati ... rces-set13
Please refer to the set13.5 from the link and advice.


5. SET13.5 The Talaq divorce
Under traditional Islamic law a bare talaq divorce is deemed to have taken place when the husband pronounces three times ‘I divorce thee’. This pronouncement dissolves the marriage instantly.

However, the Muslim Family Law Ordinance 1961 (MFLO) sets out formal requirements for the recognition of full talaq divorces in all parts of Bangladesh and Pakistan except Azad Kashmir:

the husband must give notice in writing of the pronouncement of a talaq divorce to the Chairman of the Union Council of the Ward,
the husband must also give a copy of this notice to his wife.
At the end of 90 days (or at the end of the wife’s pregnancy if she is pregnant at this time) the divorce will take effect. There is provision for attempts at conciliation between the two parties during this 90 day period.

Only a talaq under the MFLO is considered to have been obtained by means of proceedings as defined under UK Acts.

If a full talaq divorce takes place in Bangladesh or Pakistan it will be recognised in the UK if the procedures laid down under the Muslim Family Laws Ordinance 1961 were complied with, and:

the husband or the wife is a Bangladeshi or Pakistani citizen;
or

he or she is habitually resident in Bangladesh or Pakistan;
or

he or she is domiciled in Bangladesh or Pakistan.

[Obie]

The marriage may be voidable if the marriage was never consummated .

By difficulty is how did she get the visa if this information was relayed to the ECO?

[seagul]

Maybe it was a scam for visa purposes. You should inform to the HO who will curtail her visa. But if the marriage was recognized for visa then it can be divorced in uk too. If you don't know her address then divorce can't proceed unless you show to court with evidence that you have tried to find her by contacting her relatives, missing person ads, embassy etc in that case usually court allow to proceed divorce. But I still think you may serve the notice to her back home address which you may know. Since it's not divorce forum so I am not debating further.

[surge7]

Thanks, i have already informed HO to curtail the visa.
any info about the validity of divorce if it happens in Pakistan?
Is there any divorce forums you guys may know?

[surge7]

any takers? more info??

[seagul]

any takers? more info??

Moreover, also try to tell the consequences of not living with you to your estranged partner. She can be deported and banned for next visa applications. Try to convey that message to her and assure her that the visa she has got is cancellable due to not meeting it's conditions. Try to tell same to her family back home.