Yes, under Muslim personal law in Pakistan, a husband can delegate the right of pronouncing divorce to his wife. This is known as Talaq-e-Tafweez or delegated divorce. The conditions and legal framework for this delegation are as follows:
- Delegation of Right: A husband can delegate the right to pronounce divorce to his wife either at the time of marriage or during the marriage. This delegation can be conditional or unconditional and is usually stipulated in the marriage contract (Nikah Nama).
- Incorporation in Nikah Nama: The Nikah Nama, which is the official marriage contract, has a specific clause (Clause 18) where the husband can state whether he delegates the right of divorce to his wife. If this clause is filled out, it provides the wife with the legal right to pronounce divorce upon herself without needing further consent from her husband.
- Legal Validity: Once the right of Talaq-e-Tafweez is delegated, the wife can exercise this right in accordance with the terms specified in the Nikah Nama. This form of divorce has the same legal standing as a divorce pronounced directly by the husband.
- Procedural Requirements: If the wife exercises her right to divorce under Talaq-e-Tafweez, she must follow the procedural requirements laid out in the Muslim Family Laws Ordinance, 1961. This includes giving notice to the Chairman of the Union Council and observing the mandatory waiting period (iddat).
In summary, the delegation of the right to pronounce divorce to the wife is legally recognised in Pakistani law under the concept of Talaq-e-Tafweez, provided it is clearly stated in the marriage contract or through a separate agreement during the marriage.
This topic has now been dealt with in depth at the link below
Can a wife Divorce her husband in Pakistan? (Column 18 Nikahnama)
Other Useful Links on Khula, Marriage (Nikah), Divorce and Custody are as follows:
A Primer on Child Custody, Interim Custody , Visitation and Guardianship as per Pakistani law
