Are the Grounds Different For Divorce for Christians , Muslims and Parsi living in Pakistan?

Yes, as per their respective religious injunctions separate grounds , rules and procedures are in place as mentioned below.


A Christian husband can ask for dissolution of marriage only on ground of wife’s adultery, wife may seek dissolution on any of the following grounds: (a) Husband has changed his Christian religion; (b) he has gone through a form of marriage with another woman; (c) he has been guilty of incestuous adultery; (d) he has been guilty of marriage with another woman and committed adultery; (e) he has been guilty of rape, sodomy or bestiality; (f) he has been guilty of adultery with such cruelty as would have entitled his wife to divorce mensa et thoro; (g) he has been guilty of adultery coupled with desertion for two years.

The petitioner’s own adultery or collusion to do so, will vitiate a petition but where such petition is dismissed on these grounds by District Court a similar petition may be presented to High Court. Adultery will be deemed to have been condoned where conjugal habitation has been resumed or continued. Relief can be granted to respondent on his or her application where respondent opposes petition and court will not be bound to pronounce any decree of dissolution where it finds that petitioner has been guilty of adultery, or unreasonable delay in presenting petition or cruelty to,or desertion or separation from, respondent. Every decree of divorce granted by District Court will have to be confirmed by High Court and such confirmation decreed by two or more Judges. The court may also hear additional evidence. Every decree for dissolution of marriage made by High Court not being a confirmation as above will be a decree nisi not to be made absolute less than six months from pronouncement thereof.


Where the parties are Muslim the contract of marriage under the Mohammedan Law may be dissolved in any one of following ways: (1) By husband at his will (2) by mutual consent of husband and wife, without intervention of a court; (3) by a judicial decree at suit of husband or wife; (4) by wife through delegated right of divorce.

Formerly any Mohammedan male of sound mind, who obtained puberty, could divorce his wife whenever he desired without assigning any cause by the pronouncement of talaq effected either orally or in writing.

Muslim Family Laws Ordinance 1961 has made some changes. By § 7 subsection (1) of this Act, any man who wishes to divorce his wife must, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and must supply a copy thereof to the wife, a talaq unless revoked earlier, expressly or otherwise is not effective until expiration of 90 days from day on which notice under subsection (1) is delivered to the Chairman. Within 20 days of receipt of notice under subsection (1), Chairman must constitute an Arbitration Council for purpose of bringing about a reconciliation between parties, and Arbitration Council takes all steps necessary to bring about such reconciliation.

Woman married under Muslim Law is entitled to obtain decree for dissolution of marriage under Dissolution of Muslim Marriage Act 1939 on ground simply that she does not want to live with husband anymore.

By Family Courts (Amendment) Act, 2002, period for disposal of suit for dissolution of marriage was fixed as four months and appeal against such order shall also be decided within four months. Under recent amendment, plaint for dissolution for marriage may contain all claims relating to dowry, maintenance, dower, personal property and belongings of wife, custody of children and visitation rights.

Renunciation by a married Muslim woman of Islam or her apostacy does not by itself operate to dissolve her marriage nor are her rights under Act affected.

Divorce by mutual consent is also possible between two Muslims.


Parsis are governed by Parsi Marriage and Divorce Act 1936 which lists several varied grounds.

By Amendment Act, 1975 (Act IV of 1976) jurisdiction has now been conferred solely on Court of Civil Judge, within local limits of whose jurisdiction husband and wife reside or last resided.