Dissolution of Marriage through Court

In Pakistani society, a woman normally does not seek separation from her husband and goes to
every possible extent to resolve her differences with her husband within the family. In extreme cases,
she may seek to terminate her marriage through the intervention of elders or close relatives. She
approaches a court for dissolution of marriage only when her matrimonial life is filled with unbearable
troubles but the husband is not willing to free her from wedlock. Recently, however, there has been a
noticeable increase in the number of cases reaching courts, which is attributed to the enforcement of
the decision by courts to resolve each family case within a period of six months.

Muslim jurists believe that, under certain circumstances, a judge can terminate a marriage even
without the consent of a husband, for instance, if the husband has gone missing, lost his sanity, or is
impotent, or even if he fails to provide maintenance. Similarly, if the husband is unwilling to fulfill
marital obligations, the court can intervene and, despite his unwillingness, separate him from his
wife.[52] The effect of dissolution of marriage through court is similar to talaq-e-bain, i.e. the two may
rejoin through remarriage.