i. Talaq (Divorce by Husband)
Under Section 7 of the Muslim Family Law Ordinance 1961, the husband can pronounce Talaq orally or through a Deed of Divorce. He must send a written notice by registered post to the Union Council, including the ex-wife’s address. The Union Council then notifies the wife and forms an Arbitration Council within 30 days to attempt reconciliation. If the iddat period (90 days from the Union Council’s receipt of the Talaq notice) passes without reconciliation, the Union Council issues a certificate of Talaq. Failure to send a written notice to the Union Council renders the Talaq ineffective, even if a certificate is issued. Non-compliance can result in up to one year of imprisonment and/or a fine of up to Rs. 5000.

ii.Talaq-i-Tafweez and Mubarat (Mutual Divorce)
In these forms of divorce, court involvement is unnecessary, allowing for a quicker, cheaper dissolution of marriage. Both husband and wife can sign a Mutual Divorce Deed and send written notice under Section 8 of the Muslim Family Law Ordinance to the Union Council, which follows the same procedure as ordinary Talaq notices. If the wife has been delegated the right of divorce in her Nikahnama (clause 18), she can initiate Talaq in the same manner as the husband.

iii. Khula (Divorce by Wife through Court)
If the wife is not granted the right of divorce in her Nikahnama, she must apply for Khula through the Family Court under the West Pakistan Family Courts Ordinance. Khula, meaning ‘untying the knot,’ is the dissolution of marriage initiated by the wife and granted by the court. She files a suit for Khula, stating on oath that she cannot live with her husband “within the limits prescribed by Allah,” which is sufficient to establish her case.

iv. Grounds for Judicial Divorce (Khula)
Judicial Khula may be granted without the husband's consent if the wife is willing to forgo her financial rights. Grounds for judicial divorce include:

• Desertion by the husband for four years
• Failure to maintain for two years
• Husband’s polygamous marriage in contravention of legal procedures
• Husband’s imprisonment for seven years
• Husband’s failure to perform marital obligations for three years
• Husband’s continued impotence from the time of marriage
• Husband’s insanity for two years or serious illness
• Wife’s exercise of her option of puberty (if married before 16 and repudiates before 18, provided the marriage was not consummated)
• Husband’s cruelty, including mistreatment or unequal treatment of co-wives
• Husband’s attempts to force the wife into an immoral life
• Husband dispossessing the wife of her property
• Husband obstructing the wife from practicing her religion
• Any other ground recognized under Muslim law for the dissolution of marriage

After hearing the case, the Family Court issues a decree and notifies the Union Council. The Union Council processes it as if it received a Talaq notice, and after the iddat period, the Khula becomes effective. Upon filing a Khula suit, the wife usually returns Haq Mehr and other benefits received from the husband as Zar-i-Khula. Gifts from the husband’s family are not returned, and the court decides the specifics based on the case. Failure to pay Zar-i-Khula does not render Khula ineffective; the husband must file a separate suit for recovery.

v. Issues with Delegated Right of Divorce
It is common practice for the delegated right of divorce to be removed from the Nikahnama before it is presented to the bride for signature, preventing her from exercising this right and forcing her to seek Khula through the Family Court instead. This practice undermines the intent of the legislation and the rights granted to women under Pakistani law.

vi. General Information
It is essential to ensure that any dissolution of marriage, whether through Talaq or Khula, is legally recognized to avoid doubts about its effectiveness. In Pakistan, obtaining a dissolution of marriage certificate from the relevant government office is necessary as documentary proof. Islamic scholars assert that divorce once pronounced by the husband, and Khula once granted by a court, is effective and binding.

vii. Adoption of a Child in Pakistan:
Procedures and Legal Considerations In Pakistan, there is no specific law governing the adoption of a child. Generally, verbal consent or an adoption deed is sufficient. However, for foreign nationals or those residing outside Pakistan, the following practices are commonly observed.

i. Adopting a Baby
Medical Report: A reputable doctor must complete a medical report (Form ICA) for the child.

1. Adoptive Parents' Report: The adoptive parents must write a report containing:
• Name of the child
• Date of birth of the child
• Place of birth
• Name and address of the terminating parent
2. A statement detailing:
• When the adopting parents arrived in Pakistan (if they are foreigners or living abroad)
• When the baby was given to them
• Information provided by the terminating parents about the baby's circumstances
• Name and address of the terminating parent
3. Procedure
• Suit for Declaration and Termination of Parental Rights: File a suit in court to declare the termination of parental rights.
• Notice: Notify the concerned parties.
• Submission of Adoption Deed: Submit the adoption deed or record the parents' consent in court.
• Final Arguments and Decree: The court hears final arguments and issues a decree.
• Filing for Guardianship (Optional but Favorable)
• • After obtaining an abandonment/declaration certificate, adoptive parents should apply for legal custody by seeking guardianship under the Guardians and Wards Act 1890 (GWA). This procedure is outlined in Section 10 of the GWA.
• Applying for B (Bay) or CRC Form
• After receiving a guardianship decree, adoptive parents must: Obtain a “B” form or Child Registration Certificate (CRC) from the National Database and Registration Authority (NADRA). Get a National Identity Card (NIC) number issued for the child. Apply for a Pakistani passport for the child. Parents residing overseas can apply for a National Identity Card for Overseas Pakistanis (NICOP).
4. Legal Framework and Court Jurisdiction
   Pakistan does not have a statutory provision specifically for child adoption, which leads to a lack of clarity among legal practitioners and courts about the appropriate legal process. Consequently, family courts sometimes grant custody and guardianship, while civil courts may declare parental rights for adoptive parents. This lack of uniformity complicates the filing of adoption suits.
5. Adoption Process
• Relinquishment of Parental Rights: The biological parents relinquish their parental rights to the adoptive parents through an adoption deed. This deed involves an agreement where the biological parents transfer their rights, privileges, and responsibilities to the adoptive parents for the child's welfare.
• Legal Endorsement: To prepare the child's documents (e.g., NIC, passport), the adoption agreement must be endorsed by a court order. This raises the question of which court has jurisdiction.
6. Court Jurisdiction
   Family courts generally do not have jurisdiction over adoption matters, as their scope under the Family Court Act 1964 is limited to issues arising from the Nikahnama (marriage contract), such as dissolution of marriage, maintenance, custody, and guardianship. Thus, civil courts are more appropriate for handling adoption cases due to the following reasons:
• Contract Act 1872: An adoption deed is a binding agreement that creates legal rights and responsibilities. According to a precedent [1999 CLC 1076 (DB)], such an agreement is legally binding.
• Specific Relief Act: Under Section 42 of the Specific Relief Act 1877 (Pakistan) and Section 34 of the Specific Relief Act 1963 (India), individuals can file a suit to declare their legal character or status. The Supreme Court of India in the case of Ramchandra Dagdu Sonavane (Dead) by L.Rs. & Ors. Versus Vithu Hira Mahar (Dead) by LRs. & Ors., decided on 9 October 2009, ruled that "adoption pertains to the status and legal character of an individual," making civil suits for declaration before civil courts maintainable.
• Though Civil courts have the appropriate jurisdiction to handle adoption suits, as the adoption deed confers all parental rights, privileges, and responsibilities, including custody and guardianship. However, in the absence of clear legal framework for adoption in Pakistan, adoptive parents may still seek formal declaration of custody and guardianship from family courts under the Guardians and Wards Act 1890.