We, the TOP DIVORCE LAWYERS | CHILD CUSTODY/ADOPTION LAW FIRMS | FAMILY SETTLEMENT LAWYERS | TOP LAW FIRMS KARACHI PAKISTAN, is one of the best legal practitioner in Pakistan. The Family Laws are mostly based upon the Constitution of Pakistan 1973, Most of family disputes arised from or after solemnized marriage. Since 1997, it has been ruled that a Muslim woman can contract herself into marriage without any consent from outside parties for the validity of the marriage. Polygamy is considered a legal practice within Pakistan; however, it requires an application to be sent to a local Union Council, requesting permission and also notifying the Union of existing wives. Permission will then be granted based upon the Union Council’s authority. Illegal contracting of polygamous marriages is considered sufficient grounds for the first wife to decree a dissolution to the marriage.
As one of the best law firms, we specialized in following areas.
MARRIAGE / DIVORCE / MAINTENANCE / CHILD CUSTODY / ADOPTION / GUARDIANSHIP / FAMILY MATTERS ACROSS PAKISTAN & WORLDWIDE:
We offer the following expert family laws:
| ||Marriage Law |
Married, Marriage Money and Property, Nikkahnama /Agreements,
| ||Divorce |
The Divorce Process, Divorce and Money, Khulla, Alimony, More…
| ||Child Custody |
Who Gets Custody, How to Get Custody, Custody Problems &
| ||Child Support |
Getting Child Support, Maintenance and Child Support?, More…
| ||Adoption |
Basics, The Adoption Process, Types of Adoption, More…
| ||Reproductive Rights |
Overview, Abortion, Birth Control, More…
| ||Emancipation of Minors |
Emancipation Law, The Emancipation Process, More…
| ||Domestic Violence |
Overview, Stopping Domestic Violence, State Specific Resources,
| ||Paternity |
Establishing or Challenging Paternity, Fathers’ Rights, More…
| ||Parental Rights and Liability |
Parental Liability, Parental Rights, Tips, More…
| ||Guardianship |
Guardianship Overview, Guardianship Resources, More…
Marriage according to most of the Muslim jurists is a contract and the parties to a marriage must be adult, of sound mind, have attained puberty, and be able to give free consent to marriage. Marriage without consent is void. At the time of marriage, the husband is under an obligation to fix ‘Mehr’ or dower in favour of the wife. Under Islamic jurisprudence the following marriages are considered void:-
Dower is known by several names, including Mehr, Sudak, Nuhlah & Akr. It is the property which is incumbent on a husband to give to his wife, either by reason of it being named in the contract of marriage or by virtue of the contract itself as opposed to usufruct of the wife’s person. The dower can be in different forms namely, proper dower, specified dower, prompt dower and deferred dower. The wife may remit the dower, or any part thereof, in favour of the husband or his heirs, but the remission must be with free consent.
DISSOLUTION OF MARRIAGE
The marriage can be dissolved in any of the following ways:
In Muslim Family Laws Ordinance, 1961, and Mohammedan (PBUH) Law, the wife is entitled to maintenance during subsistence of marriage and also the post-operative period during Iddat or pregnancy. However, if the wife is living separately from the husband without a reasonable cause then she is not entitled to maintenance, provided the separation is on account of the husband’s cruelty or non-payment of prompt dower.
CHILD CUSTODY AND MAINTENANCE:
In Pakistan the Guardian & Wards Act, 1890, is applicable to custody and guardianship cases while keeping in view the personal law to which the minor is subject. Personal law is that which is applicable to a person on the basis of his / her religious conviction. A minor is supposed to be subject to the same personal law as his / her father. This law applies to Muslim and non-Muslim Citizens of Pakistan. The courts have held time & again thatIn custody matters, welfare of the minor is of paramount consideration. The custody and guardianship matters fall within the Schedule of the Family Court Act 1964, and therefore, are decided by the Family Judge acting as a Guardian Judge.
see also Family Legal Matter