Divorce Effectiveness Certificate

 Most people undergoing divorce in Pakistan presume that a divorce deed served on wife or a khula decree obtained from a family court is enough to complete the process of divorce. This is wrong presumption. Under Pakistani law, a divorce effectiveness certificate issued by the Union Council or municipality which registered the marriage is proof of final culmination of the marriage. 

A Pakistani American lady married a guy in Islamabad. The guy went to the USA after the wedding. The marriage didnt work and the guy came to Pakistan and divorced the lady. The guy and the lady both didnt inform the concerned office about their divorce. The lady was not aware about the law and the guy was holding a grudge. After a few years, the lady came to Pakistan to marry once again. When she had got married, her former husband took her to the court, alleging that she had committed polygamy as she had married once again while her earlier marriage was intact. The lady approached a lawyer and the first thing the lawyer demanded was the divorce effectiveness certificate, which the lady was clueless about. Meanwhile, criminal proceedings were initiated against the lady. She had to face distress of courts and social stigma. Imagine the plight of the couple who were undergoing this social trauma during their honey moon. 

Later on, the lawyer representing the lady approached Islamabad High Court. The court was kind enough to terminate criminal proceedings against the lady as they were clearly based on malafide of her ex husband. Had the lady obtained dirvorce effectiveness certificate, she would not have to face the harassment on hands of her ex husband. 

Law even provides punishment for the husband who doesn't inform the concerned marriage registering office about the divorce. However, this section like many other sections in law are not much worked upon by courts and lawyers.