AUTOMATIC DIVORCE AFTER LONG SEPARATION IN ISLAM:
Some people ask us what is the status of automatic divorce after long separation in Islam. Let us guide you that there is no such thing as automatic divorce after long separation in Islam. It is the duty of the husband and the wife to fulfill their marital obligations and both need each other. If the husband and the wife are not living together for a long time then it does not mean that they are divorced now. Long separation between the husband and the wife does not make automatic divorce after long separation in Islam. Long separation can be a ground for divorce in Pakistan and Islam but does not finish the marital bond automatically. For the divorce from the male side, there should be a proper pronouncement of the words talaq or divorce. If a husband and a wife has not lived together for a long time they can file a divorce or khula legally but automatically it finishes the relationship.
Long Separation in Islam:
There is no such thing as automatic divorce after long separation in Islam as this thing will create many legal issues. Like other countries, Pakistan also has a legal mechanism for divorce. The law only recognizes a couple as divorced when they have a proper divorce certificate in Pakistan. If people start presuming that they are divorced after long separation then there can be issues of inheritance and other things if one of the spouses dies. To avoid legal issues the husband has to apply for the divorce certificate and the female has to apply for khula. The long separation between the husband and the wife can be a ground for divorce and khula in Pakistan but does not finish the relationship between the both. It is a sin if the wife or the husband are not fulfilling the marital relationship but there is no such thing as automatic divorce after long separation in Islam.
Separated After long Time:
Females who wish to apply for the khula in the court can use this ground that they have been separated from for a long time. A female needs a reason to file her khula case and long separation can be one of the grounds on which she can file khula. A female cannot presume that she is divorced only for the reason that she has been living separately from her husband for a long time. Some people presume that they are divorced after long separation they do nikah or court marriage in Pakistan and then later on the previous husband comes up and registers a criminal case against her. To avoid legal issues better to hire a professional lawyer in Pakistan who can legally take your divorce. When you are legally divorced then you can only marry someone else otherwise you can be involved in a criminal case. In Pakistan, if any male or female marries without being legally divorced they can be involved in a criminal case. We are experts in family and legal issues so you may feel free to contact us anytime.