ONLINE NIKAH PROCEDURE
online nikah had made easy the conduct of nikah where any one of the proposed husband and wife are not based in Pakistan. In some case Online Nikah services are also available where both proposed husband and wife our living outside Pakistan but want to solemnize Marriage in Pakistan. Even otherwise law requires that ever Pakistani getting married in or outside Pakistan must get his marriage registered in Pakistan as well. Through Online Nikah we also cover this legal requirement. Online Nikah procedure is not only legal but is also Halal process through which Nikah is solemnized and subsequently marriage is registered in accordance to laws of Pakistan. Procedure of Online Nikah is very simply and Nikah is conducted with 15 mins Max.
ONLINE NIKAH IN LAHORE:
We provide Online Nikah Services from our Lahore office. The On;ine Nikah Services are for those persons who deem necessary to develop marriage relationship accordingly to Islam. Online nikah Services we offer are conducted according to dictates of Quran and Sunnah.
ONLINE MOLVI FOR NIKAH:
Nikah Molvi or Nikah Khawan is an authorized person in Pakistan, who is legally empowered to conduct Nikah Online. To conduct Online Marriage we seek permission from Nikah Registrar, who accordingly entrust a Nikah Molvi or Nikah Khawan to conduct Online Nikah in Pakistan. All you need to do is to contact us and we shall schedule a day for ceremony. Nikah can be conducted online through any means including Whatsapp, Skype, Zoom Etc.
ONLINE NIKAH FORM IN PAKISTAN:
Despite the fact that Nikah is a contract between husband and wife. Family Laws of Pakistan require execution of Nikah on a specified Form prescribed by the Government. Form required for registration of Nikah are affixed with unique serial numbers which the Nikah Molvi is required to follow. Therefore, Form provided Online are not valid for the purpose of Nikah in Pakistan. After the Nikah Online is conducted, Nikah Forms and relevant paper work is sent via email to Husband and wife. Once the Nikah Form is duly executed, it is sent back to us. We then get is registered with Nikah Registrar to complete the legal requirements.
ONLINE NIKAH SERVICE IN LAHORE:
Online Services we offer from Lahore office is available for anyone living any wherein Pakistan or Abroad. Online Nikah services are not merely available for persons living in Lahore. These legal services are available for any person who lives in Pakistan or abroad. Online Nikah Services are not only legal but are also Halal. Feel free to call us for scheduling Online Nikah.
COURT MARRIAGE
Pakistan, Marriage is a legal right of every citizen and every person in Pakistan is legally entitled to marry a person of his choice subject to restrictions imposed by law and Shariyat. It is not merely illegal and unlawful to force anyone to marry a person against his/her choice but accordingly to some Islamic Scholars it is also haram. It is for this purpose that we at Khadija Law Associates offer halal way to conduct Court Marriage through legal process. Expert Family Lawyers at Khadija Law Associates have proudly served numerous couples to conduct court marriages. Our expert team warmly welcomes all or any queries with relation Court marriage procedure.
It is a normal misconception in our society that verbal Nikah is sufficient and most of the couples due to ignorance of law make such mistake. Procedure of marriage in Pakistan is governed under the Family Law Ordinance, 1961. Accordingly to Section 5 of the Ordinance, 1961 it is mandatory to register a marriage in Pakistan. It is despite the fact that according to some religious scholar marriage (Nikah) is deemed to have been solemnized when religiously conducted in presence of two (2) male witnesses. However, it is important to understand that conducting Nikah without its registration is not only illegal but for such act law has prescribed 1 year imprisonment for not only both husband and wife but also for Nikahkhawan who fails to register such marriage. It is for this reason that we provide legal services to assist in conducting Court Marriage which both legal and halal.
THE PROCEDURE OF COURT MARRIAGE IN PAKISTAN:
To conduct court marriage all you need to do is to schedule a visit for our court marriage office in Lahore. In order for us to initiate the process we will you’re your physical presence and you will need to bring your original CNICs together with duplicates. This requirement is for both proposed husband and wife. We arrange the license official in office on the schedule date who conduct Nikah ceremony in presence of witnesses. One the ceremony is conducted, we produce the couple in the Court seeking legal protection against act of harassment or false complaints that may be advanced by any person from their families. Despite the fact that Court marriage seem complicated but our expert team at Khadija Law Associates due to our extensive experience in court marriages handle your court marriage in no time.
COURT MARRIAGE IN LAHORE PAKISTAN:
So far we only offer Court Marriage Services in our Lahore Office. We have conducted court marriage for several couples who came from all across Pakistan. To take advantage of our services you will have to visit our Lahore office.
AGE LIMIT FOR COURT MARRIAGE IN PAKISTAN:
Marriage under Family Laws of Pakistan is required to be conducted for those who acquired age of majority. Accordingly to recent amendment in Pakistan Child Marriage Restraint Act, 1929, marriage can be conducted in case of boy if he is aged 18 years or above. On the other hand, Girl must be minimum 16 year or above. Nonetheless, if you do not meet this requirement you can still get married in exception circumstances. It is best that you discuss this matter with our expert team and we will guide you through the process and possible solution.
DOCUMENTS REQUIRED FOR COURT MARRIAGE IN PAKISTAN:
Normally the CNIC copies of proposed husband and wife are enough. However, if you don’t have CNIC, then you must provide some other official document that show your age. For example, B-Form, Birth Certificate or academic certificate. If any one or both of the proposed husband and wife are Non- Pakistani Nationals, in such case we will require Passport to conduct court marriage. In some case where no such documents as detailed above is available, we can still assist in conducting court marriage. We will require passport size pictures of husband and wife.
WIFE MAINTENANCE LAW
Pakistan, wife maintenance is considered a right; however, a wife cannot claim wife maintenance after a divorce because after a divorce a woman no longer qualifies as a wife. The husband is also required to pay second wife maintenance based on his financial situation. The court must decide the amount of husband’s wife maintenance every month. A lot of females ask if a wife can get maintenance after divorce, if a wife is entitled to maintenance, whether a wife can file a maintenance case, or whether a woman can get maintenance after divorce. It is true that women who ask for maintenance receive maintenance, even earning wives also receive maintenance, and working wives still receive maintenance for the same reason that they earn themselves. In Pakistan, husbands are required to provide maintenance for their wives, but a divorced wife is not able to receive maintenance, and an ex-wife cannot receive maintenance.
WIFE MAINTENANCE AFTER DIVORCE:
MAINTENANCE OF WIFE
Pakistan does not maintain a divorced wife after the divorce as after the divorce the divorced wife is no longer the wife. When the wife asks the court for maintenance the husband will usually divorce the wife and place an end to the maintenance case.
WIFE MAINTENANCE A MONTH:
An amount of maintenance is determined by the family court based on the circumstances of the case and the financial circumstances of the husband.
MAINTENANCE OF WIFE IN ISLAMIC LAW:
Islam and state law both require husbands to maintain their wives. Under Islamic law and state law, the husband must maintain his wife.
SECOND WIFE MAINTENANCE:
There is no difference between maintenance for the first and second wives. In Pakistan by the husband, maintenance for the second wife by the husband is the same as maintenance for the first wife. The second wife should be cared for like the first wife.
CHILD MAINTENANCE LAW
WHO IS RESPONSIBLE FOR PAYING MAINTENANCE TO CHILD IN PAKISTAN
WHAT IS THE AMOUNT OF MAINTENANCE PAYABLE BY FATHER TO MINOR SON IN PAKISTAN?
There is no prevalent law directing the father to pay fixed value of maintenance to dependent children in Pakistan. Family Courts in Pakistan are mandated to determine the value of maintenance payable by father to dependent children. This is done by examining the financial status of father and necessary living expenses of children.
WHAT IS THE PROCEDURE FOR CLAIMING MAINTENANCE IN PAKISTAN?
Accordingly to maintenance laws of Pakistan, claim of maintenance can be made by filing a Suit for Maintenance before the Family Court. Maintenance claim can also be filed before the Chairman Union Council where the minor children presently reside.
Considering the importance of maintenance support for welfare of minor children, Family Court or Chairman Union Council trying the claim of maintenance at the first possible opportunity fix interim maintenance considering the available record. Purpose of fixing interim maintenance is to support necessary living expenses of minor during the pend-ency of claim. Interim Maintenance is subsequently increased or decreased after examining the evidence produced to determine the financial soundness of father.
CAN A MOTHER SEPARATED BUT NOT DIVORCED CLAIM MAINTENANCE FOR MINOR FROM FATHER IN PAKISTAN?
Father has legal as well as moral obligation to maintain minor children. This obligation is not dependent upon status of mother as separated or divorced. As next of kin can proceed to file a claim of maintenance on behalf of minors in the court against father for default in payment of maintenance to children.
WHAT IS THE AGE LIMIT FOR CHILD TO CLAIM MAINTENANCE FROM FATHER?
Age limit for child to claim maintenance is different for both son and daughter. In case of daughter she is entitled to claim maintenance till she gets married. This is because after marriage the responsibility to pay maintenance shifts from father to husband. Provided however, where daughter is divorced, father again becomes legally obligated to pay maintenance to minor daughter till she contracts another marriage.
Son on other hand is legally entitled to claim maintenance from father till he attains the age of majority i.e 18 years. Father is also obligated to pay the financial support to son to meet his academic fee and education where son despite having attained the age of majority is unemployed and seeks support for completing his education.
WHAT IS THE PROCEDURE WHERE FATHER FAILS TO COMPLY WITH MAINTENANCE ORDER OR JUDGMENT OF COURT?
Failing to pay maintenance upon orders of the court, stern legal action is taken again father. Court basis on such default auction the property of father, attach his bank accounts and salary, if any. The amount of money recovered is paid to satisfy the Order / Judgement of the Court. If there is no asset in name of father, court directs arrest of such defaulting father. In such circumstances, father is sentenced to jail for minimum 6 months and maximum 1 year.
Our Expert legal team at Khadija Law Associates are top family lawyers in Lahore. Khadija Law Associates being the top best family law firm in Lahore proudly represented several clients in maintenance claims. We have handled different and complex natures of cases during our professional career and succeeded to obtain relief for several clients through process of law. Call us now to discuss for free consultation.
DIVORCE PROCEDURE
it is now a globally settled principle that divorce is a contract between husband and wife. Either husband or wife can seek dissolution of marriage through procedure provided under law. Procedure for divorce is provided under the Muslim Family Law Ordinance, 1961. Neither husband nor wife can be forced to live with each other without personal will.
Accordingly to Section 7 of the Muslim Family Law Ordinance, 1961, Divorce is a right available to husband is Pakistan. Such right can be available to wife only where husband has delegated his wife the power of divorce in Nikahnama.
DIVORCE PROCEDURE IN PAKISTAN:
For initiating divorce, procedure is provided herein below:
- Husband is required to pronounce one divorce per month to wife.
- Divorce must be drafted by Family Expert Lawyer to be issued on Non-Judicial Stamp Paper Worth PKR 100/- or above.
- Divorce must be marginally witnesses by atleast two (2) witnesses.
- Husband is required to give written notice to Chairman UC that he has issued Pronouncement to Wife. Written notice has to be given with each Divorce pronouncement issued to wife
- In the application, request is made to the Chairman UC to constitute Arbitration Council which shall attempt reconciliation between husband and wife.
- After lapse of 90 days, if no reconciliation is effected and 3 pronouncements by husband have been issued, Divorce Registration Certificate is issued by Chairman UC.
Same procedure is to be followed by Wife, who has delegated power of issuing divorce on behalf of husband. In this regard, there must be specific delegated power given in Nikahnama. Notwithstanding, divorce shall be deemed to be revoked if Divorce Certificate is not issued for any reason whatsoever.
Failure to follow the Procedure
In case of failure of husband or wife [having delegated power to give divorce] as the case may be to follow the procedure provided in Section 7(2) of the Muslim Family Law Ordinance, 1961, to register divorce failing which such person can be sentenced up to 1 year punishment or Fine or both.
DIVORCE FORM IN PAKISTAN:
Verbal Divorce or issuing of divorce through telephonic means or Whatsapp etc is not deemed as legal divorce. It is procedurally mandatory for the husband to issue divorce in writing on Non-Judicial Stamp paper duly witnesses by atleast two (2) persons. It is always recommended to consult an Expert Family Lawyer to prepare and process divorce documents. It is mandatory that copy of such divorce executed by husband or wife as the case may be, to be sent to the Chairman UC. It is because law require Chairman UC to not only record the divorce in its register but also conduct mandatory exercise to attempt reconciliation between husband and wife.
DIVORCE CERTIFICATE IN PAKISTAN:
A Divorce Certificate is processed at the very end of the proceedings. Divorce Certificate is issued only after entry is made in government record regarding the factum of divorce between husband and wife. To learn more about of Divorce Certificate click on link (HYPERLINK)
PRONOUNCEMENT OF THREE DIVORCES (TALAQ) LAW:
Clearly there is no legal provision available in law which bar husband to execute 3 pronouncement in one go. Nonetheless, Judgment was observed by Supreme Court of Pakistan recently in year 2020, to direct Government to amend the law to obligate husband to pronounce divorce each per month. However, so far Government did not introduce any such law till date. Regardless, it has been seen that, officials at some UCs have started to observe the practice of only entertaining Single Divorces. Cases where 3 divorce pronouncements are issued in one go there application is being refused to be entertained.
If you are willing to know more about Divorce or you think you are left with no option but to put an end to marriage relationship with your spouse, feel free to reach us and we will fully assist you in the matter
DIVORCE PROCEDURE FOR OVERSEAS
Marriage is a legal contract which confer legal rights and obligations upon husband and wife. Some of these rights and obligations are expressly detailed in law and some are not but are implied from marriage relationship. Nonetheless, neither husband nor wife can be forced to live under the bond of marriage without free will and consent.
Where husband wish to dissolve marriage relationship with wife, procedure for divorce provided under Section 7 of the Muslim Family Law Ordinance, 1961 is required to be followed. Procedure of divorce for husband living in Pakistan is different from husband who is overseas Pakistani. In this article we will explain the most effective and time efficient procedure that Overseas Pakistani husband can follow to divorce his wife.
DIVORCE PROCEDURE TO BE FOLLOWED BY OVERSEAS PAKISTANIS
Divorce procedure to be followed by Overseas Pakistani husbands is detailed herein below:
- Overseas Pakistani Husband will have to execute Written divorce Deed. It is recommended to consult an expert divorce lawyer who will draft the divorce after examining the facts of your case.
- Divorce Deed must be signed and got attested from Pakistani Consulate near you. (Divorce Deed must be on plain paper)
- Divorce must be marginally witnessed by atleast two (2) witnesses.
- Divorce Deed once attested must be sent to Pakistan to be filed before Arbitration Council for initiating the procedure for issuance of Divorce Certificate. It must be accompanied with Application to Chairman Union Council to constitute Arbitration Council for initiating the Divorce Procedure.
- For filing the Divorce Deed before Arbitration Council, Overseas Pakistani Husband is also required to execute Special Power of Attorney in favor of some trustworthy and responsible representative in Pakistan who can represent husband during the divorce proceedings before Arbitration Council when so required. (Representative can also be your professional lawyer who can make representation when necessary and get the Divorce Certificate issued.
- Upon lapse of 90 days period if no settlement takes place between husband and wife, Divorce Certificate is issued by Arbitration Council. To learn more about of Divorce Certificate click on link (HYPERLINK)
Same procedure is to be followed by Overseas Pakistani wife who has been delegated with right of divorce by husband in Nikahnama.
WHAT HAPPENS IF VERBAL DIVORCE IS GIVEN
Verbal divorce has no value under laws of Pakistan. This means that all rights that wife is entitled to under the relationship of marriage, can still be enforced by action of law including financial maintenance support etc.
WHAT IF PROCEDURE DETAILED ABOVE IS NOT FOLLOWED?
Every document executed outside Pakistan must be got attested from the Pakistani Consulate and must be got attested from Foreign Affairs Office of Pakistan, without having the attestation from Pakistani consulate, documents is not deemed admissible under law. This means that divorce deed signed by husband must be got attested from Pakistani consulate without which the Divorce Certificate will not be issued by Arbitration Council.
Expert divorce lawyers at Khadija Law Associates have great deal of experience in dealing with divorce matters. We will not only draft Divorce Deed and Special Power of Attorney but our trusted associates can also be given the authority and power to represent you before the Arbitration Council. All you need to do is to contact us and we will take up the matter till the Divorce Certificate is issued to dissolve marriage relationship.
KHULA PROCEDURE
Khula is not merely Islamic but also a legal right of wife in Pakistan to seek dissolution of marriage from husband. There are different kinds of divorce in Pakistan. If a husband wants to divorce wife his right to divorce is called Talaq. There are different kinds of Talaq and can be given for any reason but also include the divorce given against demand of wife. However, where husband refuse to divorce his wife, she can proceed to dissolve marriage through right of Khula. No matter what value be given to Nikah in our society but in law it is merely a contract through which rights and obligations of both husband and wife emanate. In year 2007 Apex Court of Pakistan observed that Nikah is merely a contract. Neither husband nor wife can be forced to live with each other without their consent. In any case where wife wants to dissolve marriage, she can proceed to take Khula.
The Khula procedure requires to file a suit for dissolution of marriage on Principle of Khula in Family Courts of Pakistan. According to Pakistani Khula law, the wife may seek divorce from the family court. Unlike Civil disputes that long for several months, Khula process done not take much time. It is not merely Pakistani wife but also Foreign Nationals who can seek filing of Khula in Family Court of Pakistan. Khadija Law Associates is the top family law firm in Lahore. Top family lawyers at Khadija Law Associates have great deal of experience in Family disputes. For our expert experience in Khula matters, we have extensive knowledge and experience in Khula Cases.
KHULA PAKISTANI LAW:
There are different grounds on which Khula can be filed in Family Court. Grounds in each case are different but strong grounds are required to be made for dissolution of marriage. It is thus recommended to consult your matter with our top family lawyers to guide you through your legal rights and procedure of Khula. Grounds taken in Khula case also have serious effect on disputes with regard to custody of children. It is therefore, important that an expert family lawyer observe the matter from all angles to protect right of wife with regard to future custody claims etc. Khadija Law Associates over the years has become the top best family law firm because it offers 100% success in Family matter.
KHULA PROCEDURE IN PAKISTAN:
Step to Step procedure for Khula offered by Khadija Law Associates is detailed herein below:
- Consult with Expert Family Lawyer and discuss your case in detail.
- Our Expert Family Lawyers prepare Khula brief basis on facts and circumstances of your case
- Case is filed in Court for preliminary hearing.
- Court after hearing the matter notice husband to appear in court and file his reply.
- If husband does not appear court proceeds to decide the matter in absence of husband.
- If husband appears, court offers parties to reconcile matter.
- If husband does not appear on notice or upon appearing before the court no reconciliation is effected, court proceeds to take evidence to weigh grounds of Khula and dissolve marriage in grounds of Khula.
KHULA PAKISTAN FAMILY LAW:
Family Laws in Pakistan favor wife. No matter if as a wife you are concerned about khula, child custody, maintenance or recovery of dowry articles. Dispute is to be filed with Family Court. Family Courts are usually speedy in advancing relief to wife. It hardly takes a couple of weeks for decision of the matter.
KHULA PROCESS IN PAKISTAN:
There are valuable rights attached to Khula claim. It is therefore, important to engage some expert family lawyer who assess your matter from all sides before choosing the ground on which khula should be filed in Court. One small mistake can cause you to lose a valuable legal right regarding maintenance, child custody and recovery of dowry articles etc. It is therefore recommended to hire an expert family lawyer to works on your best interest and take relief from the court. Call now to consult your matter with our top expert family lawyers at Lahore
KHULA PROCEDURE FOR OVERSEAS
We are often contacted by overseas Pakistani women who are unable to dissolve their marriage as they are living outside Pakistan. If you live outside Pakistan and you wish to dissolve marriage through Khula, this article will help you understand the procedure to effectively dissolve marriage without personally coming to Pakistan.
Following is the Step to Step procedure through which Khula can be taken from Court without being in presence in Pakistan:
- Given Special Power of Attorney to some person in Pakistan by giving authority to file and institute suit for Khula in the Family Court in your behalf.
- Such Power of Attorney must be got attested from nearest Pakistani Consulate or Pakistani High Commission near you and mail the Special power of Attorney to your representative in Pakistan.
- Such Power of Attorney is required to be counter attested from Foreign Affairs Office by your representative.
- Your representative can now engage a lawyer on your behalf to file a Suit for Khula in Family Court and appear on your behalf when so necessary till the decision for dissolution of marriage in principle of Khula is awarded by the Court.
- After the Decision of Khula is given by Family Court, your representative will file an application before Chairman Union Council for issuance of Divorce Effectiveness Certificate.
Some of the most Frequently Asked Question by Overseas Pakistanis are as follow:
WHAT ARE THE POWERS THAT SHOULD NECESSARILY BE GIVEN TO SPECIAL ATTORNEY THROUGH SPECIAL POWER OF ATTORNEY?
It is important that Special Power of Attorney must specify each power being given to Special Attorney. For the purpose to draft Special Power of Attorney it is recommended that it must be draft by expert Family Lawyer. It is because Expert Family lawyers knows the procedure and details each power in the Special Power of Attorney as per requirement of task. If any power is not specially mentioned in the Special Power of Attorney, Court as well as the Union Council may object to entertain representation of Special Attorney and entire procedure will have to be started afresh which will waste a lot of time.
WHETHER LAWYER CAN ALSO BE A SPECIAL ATTORNEY?
Yes, if you donot trust any person to be your special attorney, we do provide our trusted associate who act as Special Attorney and make representation in your case before Court as well as Union Council till the Divorce Effectiveness Certificate is issued.
WHETHER SUIT FOR DISSOLUTION OF MARRIAGE BASIS ON KHULA IS REQUIRED TO BE FILED IN COURT?
Yes, it is mandatory for Khula claim to be filed in court. Under the Family Court Act, 1964 it is the Family Court only which has legal mandate to adjudicate Khula Claims to be filed by Muslim Wives.
WHETHER KHULA DECISION IS ENOUGH TO DISSOLVE MARRIAGE IN PAKISTAN?
No, it is mandatory that NADRA issues Divorce Certificate without which marriage is not deemed to be resolved. After the Suit of file for issuance of Khula is awarded. Judgment of Court is required to be produced before Chairman Union Council for attempt reconciliation between husband and wife. If nor settlement is made between 90 days, Divorce Certificate is issued by NADRA.
CHILD CUSTODY LAW
Child custody related disputes are commonly seen to emerge between parents after separate or divorce as the case may be. Disputes pertaining to custody of minors are regulated under the Guardian and Ward Act, 1890. For the purpose to adjudicate upon the disputes pertaining to custody of minor, special courts are established to try matters related to minors. Our expert child custody lawyers have great deal of experience in handling child custody matters. Claim for Child Custody can be raised at any time and it is not necessary to make claim of child custody after divorce.
When Child Custody Claim Can Be Filed In Court?
Upon separation or divorce, if husband and wife cannot amicably settle as to who will retain the custody of minor, non-custodial parent can immediately file child custody claim in court.
Whether Mother Loses Custody Of Minor Child After Seeking Khula From Court?
Mother does not lose the right of custody of minor child for reasons that she has obtained Khula from her husband. Though it is normally believed to be true but it factually and legally a complete misunderstanding.
Whether Mother Upon Contracting Second Marriage Loses The Custody Of Minor Child?
No, it is incorrect that Mother loses the right of custody of minor after contracting Second marriage.
Who Can File Claim For Child Custody in Court?
In some case after separation or divorce, custody of minor is forcibly taken by husband whereas in other cases custody of minor child is taken my mother. It is always the non-custodial parent who files a custody claim in the court of law against the custodial parent.
What Is The Procedure For Filing Child Custody Claim In Court?
Child custody claim is required to be filed in court by non-custodial parent. For the purpose of filing the Child Custody Claim, it is important to hire an expert child custody lawyer who after discussing the facts and circumstances, proceed to make a claim of custody in line with legal requirements. Once the case is filed court summon custodial parent to file written reply. After hearing both parties, court frame questions in interest of the minor and each party is required to produce best evidence in support of their claim. After weighing the evidence deposed by each party court determines as to whether custody of minor should remain with mother or custody of minor should be handed over to father.
What Are The Factors That Court Considers While Deciding The Custody Claims In Pakistan?
Paramount consideration for the court in deciding the custody of minor is the best welfare and interest of the minor alone. If the court deems that best welfare of the minor is in favor of mother court decide handing over of custody of her and vice versa. There is no hard and fast rule and it is most certainly the discretion of court to determine where best welfare of minor is to go with father or mother. Some of the factors which the court may consider to decide custody of minor child are as follow:
- Custodial parent has converted religion
- Minor is being deprived of education or other necessities
- Minor is living in joint family where, for example, brother of custodial parent is also living who is a hardened criminal and is convicted by some Court of law.
- Custodial parent hold bad reputation in society which is likely to affect the upbringing of minor child
- Any other case where welfare of minor is not being hampered
- Willfully avoiding the Decree of Court e.g Decree of conjugal rights directing wife to perform conjugal obligations towards husband
What Are the Factors That Court does not Consider While Deciding The Custody Claims In Pakistan?
There is a serious misconception in our society with regard to several factors which infact are not valued by the Court in deciding child custody matters but are still believed to have detrimental effect. Some of the factors include:
- After obtaining Khula by mother she loses custody of minor. Khula is a legal right given to wife under law as well as Shariat. It is absolutely incorrect that basis on taking khula from husband, courts deprives her from right of child custody.
- After attaining age of 7 years, son is handed over in custody of father. There is no law in Pakistan that bound court to hand over custody of minor son to father after son has attained 7 year of age or above. Court in each case has to see best welfare of the minor and accordingly if satisfied that best welfare of minor is with mother, court refused to allow the custody petition of father.
- As mother cannot financially maintain minor child therefore, custody of minor is handed over to father. Father under laws of Pakistan is mandatory required to support minor child regardless of whether minor child is in custody of mother. Therefore, it is not the factor that court considers while determining the welfare of child.
- Mother contracted second marriage. It is absolutely not the factor that court directly considers in determining the best welfare of the minor. However, court may take second marriage as a factor where husband is a harden criminal, a drug addict or holds bad reputation in society.
What Are Legal Rights Of Non-Custodial Parent In Addition Filing a Claim Of Child Custody In Pakistan?
Non-custodial parent has right to meet minor child. It has been observed by the Apex Court of Pakistan at several occasions that meeting with non-custodial parent is in best welfare of the minor. Therefore, non-custodial parent is legally entitled to meet the minor child and is offered visitation rights (HYPERLINK).
CHILD CUSTODY LAW :
Child Custody laws in Pakistan favor mother. However, in best welfare of the minor court can handover custody in favor of father if he establishes that he is best qualified to offer care to minor child. The only thing the court looks at in deciding child custody in Pakistan is the welfare of the minor. Parent that succeeds to establish best welfare is handed over custody of minor child.
Whether you want to contest custody claim filed by non-custodial parent or in best interest and welfare of minor you are willing to file claim of custody in the court, Our Expert Lawyers at Khadija Law Associates are the best child custody lawyers in Pakistan. Contact us now to discuss the matter in detail.
