Way of Getting Divorce Certificate from Union Council:
When the date of the hearing arrives both husband and wife will have to attend court. The husband will have to explain why he has not paid the maintenance. If he can show 800d cause (e.g. he has become unemployed; he has moved in with another woman and so has additional financial responsibilities) then the magistrate may reduce the amount of the maintenance order. Generally, though, the husband is simply told to pay up.
Procedure of Divorce in Pakistan:
Regardless of the divorce certificate from union council or the procedure of divorce in Pakistan he will probably be told to pay off the arrears of maintenance by installments, but any arrears of more than twelve months will usually be written off. The magistrates die back up their order by threatening an attachment of earnings order, or even imprisonment. Attachment of earnings, if the man has a steady job, an attachment of earnings order can be a good way of enforcing the maintenance order. It is a court order telling the man’s employer to deduct the maintenance from the man’s wage packet and pass it on to the court for the divorce certificate from union council or the procedure of divorce in Pakistan. Thus, the maintenance is deducted before the man receives his wages.
Obviously, such an order is of no use when the man is unemployed, self-employed, or fitting from job to job. (For more information see next blog. Imprisoning the husband. If the magistrates are satisfied that the husband has not paid the maintenance because of ‘willful default or culpable neglect’ (i.e. if he could have paid it, but didn’t) then he can be sent to prison. But prison is the last resort and will only be ordered against a persistent offender and where an attachment of earnings order would not be appropriate for the divorce certificate from union council or the procedure of divorce in Pakistan. No more than six weeks’ imprisonment will be imposed: see the table on next blog. Often the magistrates will sentence the husband to prison but say that the sentence will be suspended if he pays the maintenance, plus the arrears, in installments.