(Ph: +92 321 2770225) (Email: info@osmanilaw.com) (Web: www.osmanilaw.com)
MARRIAGE / DIVORCE / MAINTENANCE / CHILD CUSTODY / ADOPTION / GUARDIANSHIP / FAMILY MATTERS
IN PAKISTAN & WORLDWIDE:
Anyone can start a family on their own,
but certain procedures affecting the responsibilities of family life
must be pursued in Court of Law. While matters of the laws regarding
divorce, and the process of adopting a child are governed by state and
federal laws. “Family law,” therefore, refers to rules, regulations
& court procedures involving the family unit. While some family
matters may be handled without counsel, before Town processes such as
Separation, Divorce, Khulla, Maintenance of Child and Spouse, Recovery
of Dower, Dowery Articles, Child Custody and Inheritance often require
the skill & expertise of a skilled Legal Practitioner.
We offer the following expert family laws:
FAMILY LAWS:
Laws in Pakistan including 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.
Laws in Pakistan including 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.
MARRIAGE:
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:-
- Marriages within the prohibited degrees, consanguinity, affinity and fosterage.
- Marriages of an adult and sane person brought about without his/her consent.
DOWER:
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:
- Divorce by the husband at his will, without the intervention of a court, commonly called “Talaq”.
By mutual consent of the husband and wife, without intervention of the court. - By a judicial decree at the instance of the wife.
- By the wife in exercise of a contractual right of divorce.
MAINTENANCE:
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.
- Guardians and Wards Act, 1890
- Child Marriage Restraint Act, 1929
- Dissolution of Muslim Marriages Act, 1939
- Muslim Family Laws Ordinance, 1961
- (West Pakistan) Muslim Personal Law (Shariat) Application Act, 1962
- (West Pakistan) Family Courts Act, 1964
- Offence of Zina (Enforcement of Hudood) Ordinance, 1979
- Law of Evidence (Qanun-e-Shahadat) Order, 1984
- Enforcement of Sharia Act, 1991
- Dowry and Bridal Gifts (Restriction) Act, 1976
- Prohibition (Enforcement of Hudood) Order, 1979
- Offence of Qazf (Enforcement of Hudood) Order, 1979
- Execution of Punishment of Whipping Ordinance, 1979 (many provisions of this Ordinance were repealed later on so as to limit the number of crimes to which it is applicable)
We as law
firm, deals cases in Trial Courts, High Courts and Supreme Court. We
also provide complete legal directions and pathways on the subject in
accordance with applicable laws. We are also providing complete
consultancy to Pakistan and overseas clients. Our lawyers are having
exclusive expertise to register a public limited company in Pakistan and
providing full support after registration a public limited.
BEST FAMILY LAWYERS KARACHI PAKISTAN
For
more information, please contact,
A. NAWAZ OSMANI LAW
ASSOCIATES.
SUITE # 17, 7th FLOOR, OFFICE TOWERS, RIMPA PLAZA,
M. A. JINNAH ROAD, KARACHI. PAKISTAN.
Cell & WhatsApp # +92- 321-2770225, Ph. +92- 21-32762286.
Website: www.osmanilaw.com, Email: info@osmanilaw.com.
SUITE # 17, 7th FLOOR, OFFICE TOWERS, RIMPA PLAZA,
M. A. JINNAH ROAD, KARACHI. PAKISTAN.
Cell & WhatsApp # +92- 321-2770225, Ph. +92- 21-32762286.
Website: www.osmanilaw.com, Email: info@osmanilaw.com.
