FAMILY DISPUTES
One of the key areas of law practice of our firm is Matrimonial and Family laws. The firm advises its foreign and domestic clients on all aspects of matrimonial and family laws applicable in Pakistan. The firm further actively represents clients before various legal forums including family courts, district courts, High Courts in Pakistan.
Our law firm is providing the following legal services;
Dissolution of marriage by way of announcement of divorce through Divorce deed;
Marriage under Muslim law is a civil contract and not a sacrament. It is ordained by God in Qur’an and it is for comfort, love and compassion. Marriage could be dissolved by husband at his will without intervention of the court. However, in Muslim Family Laws Ordinance, 1961, no formality for execution of divorce deed or a notice of divorce is prescribed. Divorce can be pronounced in any form either oral Talaq or executed in writing. Oral Talaq is as good as Talaq in writing.
However, pronouncement of talaq through divorce deed have technical and complex procedure because lack of knowledge while the draft divorce deed may create future claim against you. Even otherwise, compliance of family laws is also important as in violation, you may face jail trail.
We can provide our legal service to draft the divorce deed as per legal requirement and also assist you for the compliance as required by law to execute such deed.
Dissolution of marriage by way of Khula;
No law could compel wife to live with husband when she has stated that at every cost, she wanted separation and was not willing to live with her husband.
Marriage should be dissolved on the basis of khula, when wife is determined not to live with her husband because of her hatred for him and without any fault on the part of husband. In fact, Islam does not force on the spouses a life devoid of harmony and happiness and if the wife is not desirous to live with her husband for any reason, even not recognized by the Statutes, it permits separation on the basis of “Khula”.
We are familiar with all legal steps for dissolving the marriage by way of Khula. If it is difficult to live with the husband and get Khula from the Court, our female lawyers will properly assist you in execution the same.
Maintenance of wife and/or children under Muslim Family laws;
Maintenance can be said as nafqah or nan nafqah, have to be on shoulders on husband towards his wife and children. He has to bear their basic expenses and here are some rights and remedies available which wife can attain, if husband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or any of the wives, may file a suit for recovery of maintenance amount under West Pakistan Family Court, Act 1964 against her husband.
Our female lawyers have an experience to deal with the matters of maintenance. We know, how to present maintenance suit for recovery of maintenance amount under West Pakistan Family Court, Act 1964. along with cogent evidence before the court of law.
On the other hand, on different circumstances, wife could not be entitled for maintenance and if the wife is not entitled for the maintenance, we have an expertise to defend the husband in the court of law.
Custody of minors/children and meeting;
Custody of minor always consider a complex issue, which needs thorough attention by parents, counsels of both sides and the learned judge. There is plethora of judgements, wherein the welfare of minor has been kept supreme and the custody has varied from one parent to another and from one relative to another. As circumstances of each case differs vis-à-vis welfare of child differs.
However, we know every technical and legal aspects determine the welfare of child in custody matters. We have successfully provided our legal services in numerous cases pertaining to child custody.
Guardianship Certificate
We also provide our legal services for obtaining guardianship certificates from the family court.
Further relevant links:
- Maintenance of wife and child under Muslim Family Laws in Pakistan
- How to get Khula in Pakistan. A complete guide
- How to pronounce divorce/Talak
- Inability of father to provide maintenance of his child
- Divorce under the Parsi marriage and divorce Act, 1936
- Registration of Hindus Marriage law in Pakistan
- Registration of Hindus Marriage law in Sindh