Aneeta is among over 300 women who have moved the arbitration council to
seek divorces while citing domestic violence as the main reason.
DESIGN: URSHELA RIAZ/ZAINAB LOTIA
ISLAMABAD:
Aneeta Rasool, 33, was accompanied by her three-year-old
daughter when she came to the Islamabad Arbitration Council (IAC) to
submit an application seeking divorce from her “abusive husband”.
Aneeta, a schoolteacher, has been married for five years. When
initiated the case, she was told by the office that the council’s
chairman will form a committee within a month to attempt reconciliation
between the ‘separating pair’, as it is a prerequisite before any final
announcement from the council.
Aneeta was also told that under normal circumstances it takes almost three months before the final divorce announcement is made.
Aneeta is among over 300 women who have moved the arbitration council
to seek divorces while citing domestic violence as the main reason.
In the last 11 months, the IAC at the district courts registered 557 divorce cases, 389 of which were initiated by women.
“I am happy, but emotionally hurt,” Aneeta said when asked how she felt after filing the separation application.
“Happy, because I see an end to the five years of continuous pain I
suffered at the hands of my husband, and hurt because my marriage is
about to end.”
She also shared other stories related to domestic violence that have scarred the lives of many women.
Almost 92 per cent of Islamabad-based women who initiated divorce
cases in 2014 have cited domestic violence as the main reason for
dissolving marriages.
The IAC processes and registers divorce cases in urban areas under
the Muslim Family Laws Ordinance, 1961, however, it does not maintain
records of 12 rural union councils.
Section 7, sub-section (2) of the ordinance provides for the
registration of divorce cases with the council. Failure to register a
divorce is an offense punishable with simple imprisonment for a term of
up to one year, a fine of up to Rs5,000, or both.
According to records for the last five years, a total of 2,887
divorce cases were registered with the council, an average of 577 cases
per year.
At the same time, during the first 11 months of 2014, the council has
failed to settle even a single dispute with reconciliation — all the
cases resulted in dissolution of the marriage.
“Couple in a dispute approach us at the final stage, and after
exhausting all options to reconcile among themselves. In the majority of
such cases, they even don’t bother to sit with the arbitrator at the
same time,” said Rehan, an assistant to the arbitration council
chairman.
Times are changing
According to IAC statistics, only 98 divorce cases were registered in 1995, of which 19 were initiated by women.
Advocate Sadaf Ali, a family laws expert, says domestic violence has
always remained the core reason behind divorces initiated by women.
She said that in her legal experience, women could bear financial
hardships and other family disputes to keep the marriage intact, but in
the face of physical abuse, it becomes next to impossible for them to
stay in the relationship.
She said statistics show that domestic violence was not limited to
rural areas. It has also become an urban phenomenon, and the federal
capital, where the literacy rate is relatively high, is no exception.
Human right activist Tahira Abdullah spoke on the subject with
The Express Tribune.
She deplored the fact that there is no legal remedy for women subjected
to domestic violence in rural parts of Punjab and Khyber-Pakhtunkhwa in
the absence of legislation.
While urging parliament and provincial governments to come up with
legislation in this regard, Abdullah said that the IAC statistics not
only endorse and validate the longstanding stance of women’s rights
activists on the issue, but also serve as an eye-opener for society in
general.
“First, men commit a crime by beating their wives, and then they
refuse to divorce them, forcing the women to seek their rights through a
lengthy legal procedure,” she said.
Divorce cases
Year No.
2013 663
2012 495
2011 557
2010 605
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