Incidence of divorce in Pindi still rising
The number of divorce cases filed with family courts in the Rawalpindi district till December 15 numbered 10,278, with the judges granting the plea in at least 5,910 such cases this year.
The court granted the divorce in 5,910 of these cases.
As per data, around 11,855 family cases remain pending in family courts across the district, with each family judge said to be hearing about 60 family cases daily.
According to those privy to family court proceedings, a large number of cases were due to disputes over small matters on social media. As always, cases of domestic violence and financial constraints also resulted in couples seeking separation.
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Some members of the legal fraternity blamed the number of divorce cases on a ‘breakdown of the family system and parents allowing girls unrestricted use of social media’.
Some sensible minds pointed out that early-age marriages were a reason for the increase. The rise in interfaith marriages was also cited as a situation where the likelihood of a falling out was higher.
In the same period, around 1,214 free-will marriages were contracted in the court, with legal experts also contending that such marriages were also responsible for the rise.
The cases included 326 pleas filed by husbands seeking reunion with their wives who had left them to either go back to their parental home or live separately.
Among the cases, the court ordered 103 women to return home.
Case data revealed that the court ordered the return of 391 children to their mothers, who had been with the father. The court has designated Saturday for divorced couples to meet their children on court premises.
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Around 2,910 men were ordered to pay dowry, haq mehar and expenses to their former spouses.
A woman who came for divorce based on separation, Neelam Pari, said that she had contracted a free-will marriage. However, her husband was unemployed and they had difficulty making ends meet. Later, he became violent after which she decided to get a separation through the court.
Lawyer Tabish Saduzai said that marriages concocted on lies were likely to fall apart. She said there must be compatibility between two people for the marriage to pull through difficult times. She called for a ban on early-age marriage.
Shaukat Satti, who is the secretary general of the High Court Bar Association Rawalpindi, said the nature of family cases had changed drastically in the 17 years since he started practising as a lawyer.
“Before there were family cases, after two or three months, the family members used to intervene and reconcile the dispute,” he said. In a retrogressive and potentially misogynistic claim, he said women who seeking divorce nowadays were often accompanied ‘by a young man who wants to marry her’. He added that the woman would then get married to the a young man.
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He then claimed it was one of the ‘negative effects of providing mobile phones and internet to girls at a young age’.
Meanwhile, retired family judge Tahir Butt says said that when he adjudicated such cases, he used to counsel the families to encourage angry couples to talk in the courtroom, often with success. “Now, judges issue decrees of divorce based on the file.”
He said family court judges should provide the opportunity for direct discussion to the spouses by delaying the case technically instead of disposing of the case immediately. “Most of the quarrels, divorce and separation happened due to selfishness.”
Published in The Express Tribune, December 23rd, 2023.