The Divorce Demand Letter is a crucial document in Pakistani family law that formally initiates the divorce process. It must be drafted and served in accordance with the Muslim Family Laws Ordinance 1961 and related statutes, incorporating both civil and Islamic law principles. This document is used when one spouse intends to dissolve the marriage through legal means, whether through talaq (husband's right to divorce) or khula (wife's right to seek dissolution). The letter must include specific information about the marriage, grounds for divorce, and comply with notice requirements. It serves multiple purposes: providing formal notice to the other spouse, initiating the mandatory waiting period, and establishing a record for legal proceedings. The document may also address ancillary matters such as maintenance, child custody, and property division, depending on the circumstances of the case.
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1. Sender's Details: Full name, address, and contact information of the party sending the divorce demand
2. Recipient's Details: Full name, address of the spouse to whom the divorce demand is being sent
3. Date: Current date of the letter which will be important for notice periods
4. Subject Line: Clear indication that this is a formal demand for divorce
5. Marriage Details: Date and place of marriage, registration number if applicable
6. Grounds for Divorce: Clear statement of the legal and factual grounds for seeking divorce
7. Formal Demand: Explicit statement demanding divorce and intended form of divorce (e.g., khula, talaq)
8. Legal Notice: Statement about the mandatory notice period under Pakistani law
9. Closing: Formal closing, signature, and name of the sender or their legal representative
1. Child Custody Statement: Include when there are children from the marriage, stating proposed custody arrangements
2. Maintenance Claims: Include when seeking maintenance or financial support
3. Property Division: Include when there is joint property to be addressed
4. Previous Attempts at Reconciliation: Include when there have been formal reconciliation attempts
5. Urgent Relief Requests: Include when immediate court interventions are being sought
6. Domestic Violence Statement: Include when domestic violence is a factor in the divorce demand
7. Dower (Mahr) Status: Include when there are outstanding dower payments to be addressed
1. Marriage Certificate: Copy of the Nikah Nama or marriage certificate
2. Identity Documents: Copies of CNICs or other identity documents of both parties
3. Evidence Appendix: Any supporting evidence for grounds of divorce
4. Property Documents: Copies of property ownership documents if property division is involved
5. Previous Notices: Copies of any previous legal notices or correspondence
6. Medical Reports: Any relevant medical reports if health issues are cited as grounds
7. Police Reports: Any FIRs or police reports if domestic violence is involved
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