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A British colonial-era law is being exploited by men attempting to force their spouses back into unhappy marriages. She was nervous when she arrived at the first of three divorce hearings.
The chairman of the Islamabad Arbitration Council, set up by the Union Council, which is responsible for signing off on divorce, attempted to dissuade her. Amber's then-husband did not attend the hearing. Instead, he tried to force her to return to the marital home by employing the restitution of conjugal rights RCR , a legal mechanism under Pakistan's Muslim Family Law Ordinance.
Aside from the cultural taboo surrounding divorce in Pakistan , women seeking to end their marriages face legal hurdles that men do not encounter as frequently. Amber was stunned. The law her ex-husband used was originally designed to provide an opportunity to reconcile, but is today used to intimidate. Although they can be filed by husbands and wives, RCRs are overwhelmingly used by men. Aziz explained: "Divorce proceedings initiated by men are concluded so fast that women hardly get a chance to file RCRs.
She said that those brought by women tend to drag on for months - and in some cases years. For instance, it took Laaleen Sukhera, a Lahore-based author, more than two years to be granted a divorce.
After 18 months of legal proceedings that seemed to be leading nowhere, Sukhera withdrew her divorce petition. My ex-husband did his best to intimidate me in court, from accusing me of insanity to filing an RCR against me," said Sukhera. Other lawyers agree, and say although the RCR is used frequently, is rarely decreed in favour of men. Courts are hesitant to issue solutions that require constant supervision. Additionally, there is no constitutional definition of a spouse's conjugal rights.
So why are men so prepared to use it? Daanika Kamal, a lawyer working with legal aid centres across Punjab, said the RCR is used to delay divorce proceedings, further intimidating women. Fearing further distress, Sukhera, the author, opted for a "khula", a dissolution of marriage that is meant to be faster and less harrowing than divorce.
But it took six months of cross-questioning in various family courts before being granted the separation.
The khula forces women to forfeit much of her "haq meher" - a mandatory payment in Islamic marriages from the husband seen as insurance in the case of divorce and her dower. Sukhera is now fighting to claim her haq meher in another case. In , the family of a year-old girl from Pakpattan, in Punjab, reported to police that she had been abducted and gang-raped. One of the accused responded with an RCR, claiming that since they were married, the assault could not be considered abduction or rape.
The RCR was decreed in his favour and the girl was sent to live with her alleged rapist. In , he divorced the teenager during a hearing of the rape case against him. In , the man walked free. He believes that the RCR can be challenged in court. The law has been challenged twice in Pakistan, unsuccessfully. The British, who introduced the law of restitution in the subcontinent, dropped the RCR about 50 years ago. Today it is thought of as a Muslim law, but the concept came to Asia from English Ecclesiastical courts in Recently, Pakistan's media regulator warned broadcasters not to air "indecent content that includes divorce and infidelity", which highlighted the sociocultural barriers in even discussing divorce.
Speaking outside a civil court in Lahore, after her divorce was finalised, Sukhera said: "People say getting married is difficult, but in this country, getting divorced with dignity is much tougher. In Pakistan, the show's popularity reveals reverence for the Ottoman Empire and a hankering for a glorious Muslim past.
She enjoyed art, opera and nature while he sent hundreds of thousands of people to their deaths. Toggle navigation. Why women in Pakistan struggle to get 'divorced with dignity' A British colonial-era law is being exploited by men attempting to force their spouses back into unhappy marriages. People say getting married is difficult, but in this country, getting divorced with dignity is much tougher.
Laleen Sukhera, author "Out of the odd divorce cases I have handled in my career, restitution was filed 30 times, and only two of the complainants were women," says Chaudhry Muhammad Umar, a barrister experienced in family law.
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Analysis: Ertugrul and the lure of Turkish dramas in Pakistan In Pakistan, the show's popularity reveals reverence for the Ottoman Empire and a hankering for a glorious Muslim past. Letters to a Nazi She enjoyed art, opera and nature while he sent hundreds of thousands of people to their deaths.
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A British colonial-era law is being exploited by men attempting to force their spouses back into unhappy marriages. She was nervous when she arrived at the first of three divorce hearings. The chairman of the Islamabad Arbitration Council, set up by the Union Council, which is responsible for signing off on divorce, attempted to dissuade her. Amber's then-husband did not attend the hearing.SEE VIDEO BY TOPIC: Zaroorat rishta Lahore - zaroorat rishta in female Lahore - 2nd marriage
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