Family law deals with legal issues related to family and domestic life. Marriage, separation, divorce, adoption, child custody, child support, child protection, guardianship, and abuse of children are all covered by family law. With a decade of experience in Divorce & Family Law, our Divorce & Family Lawyers can help you!
We assist clients with succession, inheritance, division of inherited properties, property ownership agreements, wills, and estate settlements. The Family & Divorce Section of Pak-Lawyers.com has senior divorce and family lawyers in Karachi, Islamabad, Rawalpindi, and Lahore, Pakistan. With over 37 years of experience in criminal and family courts, our CEO (Syed Mohsin Ali Shah) is a well-known family law attorney. Getting separated from your spouse can be affordable and easy with the help of high-quality and experienced lawyers.
Divorce lawyers assist domestic violence victims in rebuilding their lives. We are one of the best law firms in Pakistan when it comes to family law. Clients throughout Pakistan have appreciated our legal aid services in the area of family and divorce law. Our services include court representation, document preparation, and negotiation with parties. We are available from 10 a.m. to 1 a.m. by phone, through WhatsApp, or by email. During the 1947 partition of India, Muslim family law was established as a law that governed personal status. In 1955, a seven-member Commission on Marriage and Family Laws was established to review the personal status laws in the newly formed state and identify areas for reform. The Muslim Family Laws Ordinance, of 1961 adopted a few provisions from the Report of the Marriage and Family Laws Commission.
Various laws regarding divorce and inheritance for orphaned grandchildren may need to be reformed, according to the report. Besides introducing compulsory marriage registration, it also restricted polygamy and revised divorce and dower laws. Laws concerning the marriage age were also amended. The first constitution of Pakistan was promulgated in 1956. This act contained a repugnance clause. According to the clause, no laws would be passed that violate Islamic injunctions. This provision will require a review of all existing laws to determine if any amendments are required. The repugnance provision has been retained and even strengthened in subsequent constitutions. All aspects of family law are covered by family law, such as marriage, divorce, talaq, khula, wife maintenance, child custody, child support, etc. A detailed analysis follows:
In 1961, the Muslim Family Laws Ordinance (MFLO) introduced various changes to classical Muslim law. The registration of marriages and divorces, the protection of orphaned grandchildren’ inheritance rights, the elimination of polygamy, the deeming of all talaqs (except the third), the formalization of single and revocable court procedures pertaining to maintenance and divorce, and the recovery of mahr if it is misappropriated will all be implemented. Marriages that do not register are not invalid. Penalties may be imposed for violations of the registration requirement. The MFLO requires marriage registration, and failure to register results in fines or imprisonment. Those who follow religious rites can still get married to Muslims.
Women and men are both allowed to marry at the age of 18 in Pakistan. Marriages between underage people are strictly prohibited by law. According to a Hanafi Muslim court, an adult Hanafi Muslim woman can enter into a marriage contract without her wali’s consent regarding marriage guardianship. A valid marriage contract requires the consent of the woman, not of the wali.
Talaqs (except for the third of three) should be considered single and revocable. It is necessary to formalize Mahr reconciliation, notification, and recovery procedures. Due to a lack of notification, most Talaqs were invalidated during the 1960s and 1970s. The classical laws pertaining to talaq were also reformed. The Muslim Family Law Ordinance requires that a divorcing husband notify the chairman of the Union Council in writing as soon as possible after the talaq is pronounced.
Women may seek judicial divorce or dissolution of marriage on the following grounds:
The Family Court will issue a decree and notify the Union Council when the iddat period expires.
In Khula suits, the wife is generally required to return Haq Mehar and any other benefits received from her husband as zar-e-khula. His family does not have to return gifts he receives from them. The court determines what should be returned and how much should be returned based on the facts of the case.
Khula (Dissolution of Marriage By Khula) can also be filed by the wife if she is unhappy with her husband.
Her ex-husband must provide for and maintain her fairly and reasonably during the “Iddat” period. Contact our Family Law Legal Aid Office if you would like a consultation with one of our senior Family & Divorce lawyers in Karachi, Islamabad, Rawalpindi or Lahore.
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 her right to raise him continues. Child-centred rights are different from absolute rights because they are created with the child’s interests in mind. As a custom, girls are given to their mothers until they reach puberty. A very important role is played by the mother’s conduct in this law.
Her child may be taken away from her due to the fact that she has been found ‘objectionable’. In the event that the mother’s term is over, the court can grant custody of the child to the father. Custody of the child is awarded to the grandparents when both parents are absent.
Fathers are required to provide livelihood and maintenance for their children under Islamic and Pakistani law. In the case of sons, this obligation continues until they reach majority age, and in the case of daughters, it continues until they marry. When a son reaches the majority, he will be obligated to support him since he cannot earn an income. In Islamic law, there are detailed rules regarding the maintenance of children.
The expert law firm in Pakistan, Pak-Lawyers, has been serving you since 1985 and can assist you with any legal issue. We provide our clients with professional legal advice in all family matters, such as divorce/khula, financial law, criminal cases, and civil litigation. Legal advice and consultation are provided by lawyers specializing in Family Law, Divorce Law, and other Civil Laws in Pakistan. Our service connects clients with the best family and divorce lawyers in Lahore, Islamabad, and Karachi.
