Child Custody Litigation in Pakistan

Legal Query: After some matrimonial dispute  Mst. Nazia deserted her children at the home of her husband and gone to her parents’ home. From there she filed a petition of Habeas Corpus under section 491 Criminal Procedure in the court of district and Sessions Judge Lahore, against the father for the recovery of her two minor sons aged 8 and 9 years.

Mr. Imtiaz Aziz contacted and engaged our law firm to defend the petition. The father took the plea that the minors has crossed the age 7 years and attained the age discretion now they need the direction supervision of the father. So the permanent custody of the minors should be handed over to the father.

The learned judge handed over the custody of one younger son to the mother and of the elder son to the father and directed the spouses to approach the guardian court for the permanent custody of the minors.

The father moved a petition under section 25 of the Guardian and Wards Act in the court Guardian Judge Lahore for the permanent custody of the minors on the ground that now the minors needs direct supervision of the father. The father is man of means and providing maintenance his minors since their birth and who can provide good accommodation, tuition, couching and security to their minors. The father is in better position to up-bring their minor sons and the welfare of the minors requires that their permanent custody should be handed over to the father.

Legal Position of the Case: According to me the minors have crossed the age of 7 years and attaining their age of puberty now they need the direct supervision of the father for their education and teaching. The father is man of means and also maintaining his minor sons since their birth. On the other hand the mother has no independent financial resources to maintain her sons. She is totally depending on the maintenance allowance of the father. The mother is residing in her parents’ home and there is no sufficient accommodation to easily keep the minors. Keeing in view the welfare of the minors the Guardian Court will hand over the custody of the minor sons to the father.

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..::Marriages of Foreigners in Pakistan

A Finns woman from Finland came in Pakistan and got married with a Pakistani Muslim man in Lahore.

A woman Trinidad got married with a Pakistani Muslim man in Lahore Pakistan.  Now both the spouses are residing in United Arab Emirate

A Jordanian Muslim man , got married with a Pakistani Muslim woman  and their marriage is registered in Lahore Pakistan. Now both the spouses are now residing in Dubai.

Our law firm provided legal services for documentation and registration of these marriages in the Pakistan and get attested their marriage documents from Foreign Office, of Pakistan.

..::Legal Management of Properties in Pakistan

Overseas Pakistanis having any legal issue of management of their properties in Pakistan can contact our law firm. We will provide full legal service for  management of their properties in Pakistan.

Our legal services will include but not limited to:

Sale, Purchase and Transfer of Properties

Recovery of Possession of Properties

Renting out properties and collection of rent

Pursuing property  litigation in Pakistan

Overseas Pakistanis all over the world face lot of legal issues regarding the management of their properties in Pakistan. They contact our law firm for management of their legal issues. Our law firm provides them full legal services for resolving their legal issues. Contact for further information. #OverseasPakistanis #LegalServices #PropertyManagement

A British National of Pakistani origin Mr. Talib Hussain had property dispute in Rabwah  Pakistan. His land was illegally occupied by his co-sharers in Pakistan. His co-sharer were not giving his due share in the property and profits. He appointed our law firm as Special Attorney and now we filed a suit for partition and mesene profits, which is pending in the civil court of Lalian, Chiniot. We are conducting these cases which are likely to be decided in near future.

Mr. Kashif Raees from UK had some legal problems to transfer of property in Pakistan. The revenue authorities were creating some unnecessary hurdles in the transfer of land. He contacted and instructed our law firm for legal action. Our law-firm advised him for filing a Writ Petition in High Court for getting a direction to Revenue Authorities for a smooth transfer of the land strictly in accordance with law.

An overseas Pakistani Tayyab Hussain who used to work in UAE, USA and Canada purchased a plot of 10 Marlas in Overseas Workers Co-operative Housing Society Limited, Lahore Pakistan. He paid the full payment of the plot but unable to get the demarcation and possession of plot along with its title documents from the society. Now he contacted our law firm for the recovery of the said plot. Our law firm initiated the legal action and there is very likelihood of his success in the recovery of the said plot.

..::Law and Procedure for Dissolution of Marriage in Pakistan

Dissolutions of Marriage can be done by way of Talaq or Khula General Information a Muslim Marriage is a contract and can be dissolved like any other contract. It is automatically dissolved on the death of one of the spouses. Other than this, both wife and husband have legal and religious rights to dissolve a marriage. A husband has the unilateral right of Talaq, which can never be taken away but can be restricted through the Nikahnama. A wife can dissolve her marriage unilaterally only if the right of divorce has been unconditionally delegated to her by the husband in the Nikahnama.

Other forms of dissolution of marriage which the wife can use are Khula and judicial divorce (including option of puberty). These both have to be sought through the Family Courts.

No matter whether the marriage has been dissolved through Talaq, Khula or judicial divorce, it is vital that legal procedures be properly followed. Failure to do so can raise doubts about the effectiveness of the divorce and lead to serious legal problems, such as a case of bigamy and zina against a woman who later remarries, or difficulties in settling issues related to the divorce such as past maintenance or claiming deferred haq mehr. The paternity of children can also be disputed.

In addition to any court decree, the woman must make sure she collects her Talaqnama certificate from the Union Council and keep it somewhere safe.

Talaq (Divorce)

As per Muslim Personal Law and under section 7 of the Muslim Family Law Ordinance  the husband pronounces Talaq (oral or by way of Deed of Divorce) and sends written notice by registered post to the Union Council, mentioning address of his ex- wife. Thereafter the concerned  union Council sends a copy of the notice to wife by registered post and it constitutes arbitration Council within 30 days of receipt of notice. Once the Iddat period (90 days from the date the union council receives the Talaq notice) is over, the union council will issue a certificate of Talaq being effective to the husband and wife.

Please note that Talaq is not effective until the expiry of Iddat period and failure to abide by law wil cause a simple imprisonment for up to one year and/or a fine of up to Rs. 5000/-The Importance of Registered notice of Talaq

A verbal Talaq is not recognised by law and the husband’s failure to send written notice to the Union Council makes the Talaq ineffective. Even if the Union Council issues a certificate of Talaq, if notice was not properly served on the wife, the Talaq can be challenged.

This law was originally designed to protect women from a instant and unrecorded divorce. Before 1979 and the introduction of the Zina Ordinance, a woman who was not properly divorced and who later remarried could be punished for bigamy and sentenced up to 7 years (or up to 10 years if she concealed the previous marriage) and only on the complaint of her first husband. However, since 1979, bigamy makes a woman liable to charges of zina which can carry very severe penalty such as death. Therefore, it is vital for a woman to be absolutely clear about her marital status and to have documentary proof that she is properly divorced.

Notice of Talaq can be served on a wife (with the Union Council’s permission) through her father, mother, adult brother or sister – but no other relatives. If this is not possible because her whereabouts are not known and notice cannot be served on her through her immediate family, the husband can still serve notice through a newspaper approved by the Union Council.

Sometimes families make the mistake of refusing to receive a registered notification, fearing that it is notice of Talaq. This is dangerous because notice can then be served through a newspaper and the Talaq will be effective, but the woman will be unaware of her status.

Talaq-i-Tafweez and Mubarat (Mutual Divorce)

In both of these forms of divorce, there is no need to approach the courts, meaning that the marriage can be dissolved rapidly, cheaply and with few procedural problems. In this case both husband and wife may sign a Mutual Divorce Deed and send a written notice under section 8 of the Muslim Family Law Ordinance  to the concerned union council. The Union council will adopt the same procedure as of ordinary notice of Talaq.

On the other hand if wife is delegated the Right of Divorce in her Nikahnama (clause 18), then she is entitled under the law to adopt the same procedure of Talaq for a husband as mentioned hereinabove.

Khula (Divorce by Wife through Court)

If the wife is not delegated the right of Divorce in her Nikahnama  then she would need to apply for Khula. Khula, which literally means ‘untying the knot’, is the dissolution of marriage initiated by the wife and is granted by the court. To apply for Khula the wife would need to file a suit for Khula in the Family Court under the West Pakistan Family Courts Ordinance, on the grounds that she feels she can no long live with her husband “within the limits prescribed by Allah’ and such a statement on oath made in her suit would be sufficient to establish her case for Khula.

Dissolution of Muslim Marriages Act 1939

Judicial Khula may also be granted without the husband’s consent if the wife is willing to forgo her financial rights.

Grounds for Judicial Divorce

Grounds on which a woman may seek Khula include:

Desertion by husband for four years,

Failure to maintain for two years

Husband contracting a polygamous marriage in contravention of established legal procedures,

Husband’s imprisonment for seven years,

Husband’s failure to perform marital obligations for three years,

Husband’s continued impotence from the time of the marriage

Husband’s insanity for two years or his serious illness

Wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),

Husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives),

Any other ground recognised as valid for the dissolution of marriage under Muslim law

The Family Court will issue decree and send notification to Union Council which proceeds as if it received the notice of Talaq and once the Iddat period of over the Khula becomes effective.

At the time of filing of Khula suit the wife usually has to return haq mehr and other benefits received from husband as Zar-i-Khula, gifts received from husband’s family do not have to be returned court decides how much & what is to be returned on the facts of the case wife’s failure to pay Zar-i-Khula does not render Khula ineffective; husband has to file separate suit for recovery of Zar-i-Khula

..::Concept of COURT MARRIAGE in Pakistan?

It is observed that couples who decide to get marry have lack of information regarding court marriages.

For more understanding, this article is divided into questions and answers.

Question: What is concept of Court Marriage in Pakistan?

Answer: The word “Court Marriage” is not defined anywhere in any Pakistani laws relating to marriages. Such marriages are solemnized with the help of a lawyer and authorized by the court of law and issues Nikkah Namma (Marriage Certificate). Concept of such marriages came into Indian sub-continent from the English law.

Question: How to do Court Marriage in Pakistan?

Answer: It could be a bit hard for those who wish to marry with the will of their parents but when they don’t get what they want the look for different alternatives. One should have the following information regarding court marriage procedure in Pakistan.

Both should be above 18 years of age.

Both must have legal proof of age.

Two passport size photographs of female are required.

Contact a good court marriage lawyer.

Question: How much court marriage cost in Pakistan?

Answer: The cost depends upon the City where you are planning to get marry.

Question: What Documents are required for Court Marriage in Pakistan?

Answer: Both should have the proof of 18 years of age and have document proving their age e.g. CNIC, Passport, Educational Certificate, Form B etc.

Question: How to marry with Foreign National in Pakistan?

Answer: The foreign national the marital status should be single. He/she should get and carry a “No Impediment to Marriage Certificate” from his/her country. This certificate is called by different names in different countries. Copies of passport and would also be required from foreign national.