The other side of divorce.

According to Gilani Research Foundation Survey for 2019, 58% Pakistanis opined that the divorce rate has increased in the country. There are many reasons behind such trend, ranging from domestic abuse to possessing different perceptions about life. No matter, whoever initiates divorce proceedings, commonly a woman is blamed, especially if she is educated and a professional in the patriarchal society of Pakistan. In this regard, most prominently quoted and widely acceptable notion is that because of being academically qualified and professionally profound, women are not only sensitized about their socio-economic rights in domestic environment but have a courage to take their decisions, when it comes to various types of abuse in matrimonial relations. Erroneously, male chauvinists regard such women not only the admirers of western ethos but also a threat to stereotype practices and traditions.

Nevertheless, the most neglected aspect of this debate remains in 'unilateral divorce'. Such divorce is processed by one partner without consulting or informing the other, may it be a husband or a wife. The underlying intention of this divorce is to inflict harm and insult the other party, both psychological and emotional. Such divorces are primarily processed by estranged husbands against their wives. Although, a country-wide comprehensive statistic on divorce is not available but as per the media sources, for a single month of September 2019, in Rawalpindi alone, family court issued 11 notices of Khula, while in 74 cases husbands filed for divorce. These statistics second the above-mentioned notion that, the main contender of filling a divorce are still husbands, which in many cases are 'unilateral' in nature. It may be because of the fact that not only families but the society, as well reassures a male that for him, it is easy to remarry as compared to a divorcee woman. Secondly, the families and friends at times play a significant role in fanning the differences between the couples. In majority of cases, the spoilers are the male side. In such socio-cultural paradigm, no matter how much unreasonable is the cause of divorce, often a husband takes this one-sided step. This is despite of the fact that, while contracting a marriage, a permission of a woman is required, but in case of a split, this is no more a norm. Through 1961 Muslim Family Law Ordinance-MFLO, divorce matters are streamlined via two main developments. First, Arbitration Council was...