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Family Law
Family Law Expert Lawyers For Divorce (Talaq), Khula & Other Family Legal Matters in Karachi, Islamabad, Rawalpindi & Lahore, Pakista
Family Law (Our Divorce & Family Lawyers have experience for decades)
Legal issues related to family and domestic life are dealt with in family law. The law of family encompasses issues such as marriage, separation, divorce, adoption, child custody, child maintenance, child protection, guardianship, and the abuse of children. A decade of experience in Divorce & Family Law is what our Divorce & Family Lawyers specialize in!
Our Professional family lawyers work with clients on a range of legal issues including succession, inheritance, division of inherited properties, property ownership agreements, wills and estate settlements. We are the senior divorce and family lawyers of the Family & Divorce Section of Pak.Legal in Karachi, Islamabad, Rawalpindi and Lahore, Pakistan. Our CEO (Syed Mohsin Ali Shah) is a well-known family law attorney, who has been practising/advocating in criminal courts and family courts for over 37 years. High-quality and experienced lawyers can help you get separated from your spouse at an affordable price.
Divorce lawyers provide legal aid to victims of domestic violence and help them rebuild their lives. For family law matters, we are among the best law firms in Pakistan.
Our legal aid services in the area of family and divorce law have been appreciated by clients throughout Pakistan. We provide court representation, document preparation and filing, and negotiation with parties. During the hours of 10 a.m. to 1 a.m., you can reach us by Phone, through WhatsApp, or by e-mail.
In 1947, the partition of India established Muslim family law as law governing personal status. A seven-member Commission on Marriage and Family Laws was created in 1955 to review the personal status laws applicable in the newly formed state and identify areas for reform. Muslim Family Laws Ordinance, 1961 adopted a few provisions in the Report of the Marriage and Family Laws Commission. Divorce laws and inheritance laws for orphaned grandchildren should be reformatted, according to the report. Apart from introducing compulsory marriage registration, it also introduced restrictions on polygamy and reformed divorce and dower laws. Amendments were also made to the laws concerning the marriage age. In 1956, the first constitution of Pakistan was promulgated. There was a repugnance clause in this act. In accordance with the clause, no laws would be passed in violation of Islamic injunctions. As a result of this provision, all existing laws will be reviewed to determine if any necessary amendments need to be made. This repugnance provision has been retained and even strengthened in subsequent constitutions. Marriage, divorce, talaq, khula, wife maintenance, child custody, child support, etc., are all covered by family law. Here is a detailed analysis:
Ordinance on Muslim Family Laws: Marriage Law
The Muslim Family Laws Ordinance (MFLO) introduced various changes to classical Muslim law in 1961. Marriages and divorces will be registered, orphaned grandchildren’ inheritance rights will be protected, polygamy will be restricted, all talaqs (except the third) will be deemed, single and revocable court procedures regarding maintenance and divorce will be formalized, and mahr will be recoverable if it is misappropriated. There is no invalidity to a marriage that does not register. Violations of the registration requirement may result in penalties. Under the MFLO, marriage registration is mandatory, and failure to register results in fines or imprisonment. Marriages between Muslims are still legal if they follow religious rites.
The legal marriage age in Pakistan is 18 years for both men and women. Underage marriages are strictly prohibited by law. An adult Hanafi Muslim woman can enter into a contract for marriage without her wali’s consent regarding marriage guardianship because one of the prerequisites for a valid marriage contract is the consent of the woman, not that of the wali, according to the court.
Divorce (Talaq), Khula, and Dissolution of Marriage
All talaqs (except the third of three) should be considered single and revocable. Mahr reconciliation, notification, and recovery procedures should be formalized. During the 1960s and 1970s, most Talaqs were rendered invalid because of a lack of notification. There was also a reform of the classical laws pertaining to the exercise of talaq. The MFLO requires that a divorcing husband notify the chairman of the Union Council in writing as soon as possible after the talaq is pronounced.
Dissolution of Marriage or Divorce by Judiciary
The following grounds may be used by women to seek dissolution of marriage or judicial divorce:
- After four years of abandonment by the husband
- The inability to maintain for at least two years
- A husband contracts a polygamous marriage in violation of established legal procedures,
- The husband was sentenced to seven years in prison,
- The husband has failed to fulfil his marital responsibilities for three years,
- Since they were married, the husband has been impotent
- During the husband’s two-year period of insanity, he suffered from insanity or illness
- As long as the marriage hasn’t been consummated, a woman may exercise her right of puberty if she contracts a marriage before the age of 16.
- The husband’s cruelty (including physical abuse or mistreatment, unequal treatment of the spouses),
- Muslim law permits the dissolution of a marriage for any legitimate reason
As soon as the iddat period of over the Khula expires, a decree will be issued by the Family Court and a notification will be sent to the Union Council.
Khula suits generally require the wife to return Haq Mehar and any other benefits she received from her husband as zar-e-khula. The husband’s family does not need to return gifts he receives from them. According to the facts of the case, the court determines what should be returned and how much.
However, a Khula (Dissolution of Marriage By Khula) can also be filed by the wife if she is not happy with her husband.
Wife maintenance after Divorce
During the “Iddat” period, her ex-husband must provide for and maintain her fairly and reasonably. For a consultation with our senior Family & Divorce Lawyer in Karachi, Islamabad, Rawalpindi and Lahore, please contact our Family Law Legal Aid Office.
Custody & Maintenance of Children
In Pakistan, children under 7 years of age are usually given legal custody by their mothers, which is known as ‘Hizanat’. When a child reaches the age of seven, his mother’s authority over him ends, but his mother’s right to raise him continues. Child-centred rights are different from absolute rights because they are created with the child’s interests at heart. It is customary for girls to be given to their mothers until they reach puberty. In this law, the mother’s conduct plays a very significant role.
Having been found ‘objectionable’, she may lose custody of her child. The court can grant custody of the child to the father after the mother’s term has ended. In the absence of both parents, the child’s grandparents are awarded custody.
The Islamic Law of Child Maintenance in Pakistan
Fathers have to Pay for their Children’s maintenance
Both Islamic and Pakistani law requires fathers to provide livelihood and maintenance for their children. For sons, this obligation continues until they reach majority age, and for daughters, until they marry. When a son reaches majority, he will be obligated to support him since he is incapable of earning an income. There are detailed rules regarding the maintenance of children in Islamic law.
Pak.Legal can help you in all legal matters:
Pak.Legal, being the expert law firm in Pakistan serving you since 1985, can help you with all legal matters. Among other things, we provide our clients with professional legal consultation in all family matters, including divorce/khula, financial law, criminal cases, and civil litigation. Lawyers specializing in Family Law, Divorce Law, and other Civil Laws in Pakistan provide advice and consultation. With our service, we connect clients with the best family and divorce lawyers in Lahore, Islamabad, and Karachi.
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