Family Litigation

1. Dissolution of Arriage (Khula/Divorce) 

In Islam marriage is a contract which is finalized by Aijab o Qabol by male and female.
Marriage can be dissolved by getting talaq, Khula from Family court of Pakistan.
Marriage can also be dissolved by mutual consent which is called Talaq e Mubarat.

Marriage can be dissolved by these ways:

1. Divorce
2. Khula

Divorce:

According to Section 7 of the Muslim Family Laws Ordinance, 1961 husband pronounces the talaq (oral or divorce deed) and sends a Notice through a registered  AD/Courier to the Union Council along with a copy of Nikkah Nama and divorce deed if any and also copy of Notice and original divorce deed to his wife.  Then Union Council upon receiving the notice by Husband issues the notice to wife through registered mail. It forms an arbitration committee i.e called arbitration council within 30 days of receiving the notice by the husband. The Chairman Arbitration Council / Union Council issues the Computerized Divorce effectiveness Certificate as soon as the iddat period of 90 days (from the date, union council receives the talaq notice by husband) is completed.

If the wife is pregnant at the time Talaq is pronounced, Talaq shall not be effective until the pregnancy ends.

Khula:

If the woman does not have the right to divorce in her Nikahnama, she may apply for dissolution of marriage, Khula before Family Court, which literally means “loosen the knot”, is the dissolution of the marriage initiated by the woman and granted by the court. A woman should file a suit before the family court on the grounds that she no longer thought she could live with her husband “within the limits prescribed by Allah “, etc. a statement on the oath would be enough to confirm his plea in favour of Khula.

Grounds for Judicial Divorce

The  Grounds for Dissolution of Marriage are :

• Abandoned by the spouse for four years,
• No maintenance for two years
• The spouse entered into a polygamous marriage in violation of the applicable legal procedures,
• Imprisonment of the spouse for seven years,
• Failure by the spouse to comply with his marital obligations for three years,
• Constant impotence of the spouse since marriage
• The madness of the spouse for two years or his serious illness
• Exercise by the woman of her puberty option if a legal guardian has entered into a marriage before the age of 16 and renounces the marriage before the age of 18 (as long as the marriage has not taken place),
• Marital cruelty (including physical or other abuse, unequal treatment of co-women),
• Any other ground recognized as valid for the dissolution of the marriage according to Islamic law.

The family court issues a decree and sends a notification to the Union Council, which will continue as if it had received the notice of Talaq from husband and after 90 days union council / Arbitration Council shall issue the Divorce effectiveness Certificate.

Our Law firm have professional and competent Family Lawyers to

 Provide following Services.

• Preparation Divorce Deed
• Preparation of Notice for Union Counsel
• Preparation of case to file Khula before Family Court
• Filling of,Written statement,
• Reply of Applications, Before Family Court

2. Guardianship:

Child custody is a burning issue after all divorce cases in Pakistan. Both parents are aware of the Guardianship and Custody legislation, so every parent uses all legal provisions to become the guardian of his child or get his full custody, even if it goes against the welfare of a minor.

The well-being of the child is the most important factor that the court takes into consideration when granting custody to a parent. For example, aspects such as the financial stability of the parent company, the reported misconduct, the character and capacity of the parent company are of particular importance.

Courts grant physical rights to one parent and visiting rights to others, but an increasing number of cases have seen shared legal responsibility and custody of each child.

According to the legal system established in Pakistan, the legal right of minors means that only the parent is responsible for the welfare of the minor concerned.

We provide following services in this regard:

• Preparation of case for guardianship
• Filling of case for Guardianship
• Filling of, Written statement,
• Reply of Applications, Before Guardian Court
• Conduct Trial
• Filling of Appeal, Review, Revision

 3. Court Marriage:

The concept of court marriage is slightly different in Pakistan as compared to other western countries. Every major male and female in the age of puberty have the right to contract a marriage with each other. The Constitution of Pakistan provides protection to family and also give rights to celebrate marriages.  However, Same-sex marriages are not allowed in Pakistan.

We provide Following services for Court Marriage:

• Preparation of Documents
• Arrangements of Nikah Khuwan
• Arrangement of Stamp Vendor
• Arrangement for Notarized the documents
• Arrangement of OATH commissioner
• Filling of writ Prepetition Before Session Judge

Documents required for Court Marriage:

• Copy of CNIC or Form B
• 2 Passport Size Photos of Both
• Two Witness (We can arrange)
• Affidavit of Bride of free will, consent and being sui juris no objection of marrying (prepared by us).

4. Adoption:

In Pakistan adoption of a child is legal, But there is no special law of adoption prevail in Pakistan, however adoption allowed indirectly through other laws

There ar two ways to adopt a child in Pakistan.

• Through Child Protection Bureau
• Directly From Parents

Through Child Protection Bureau

In this option you can adopt a child through Child Protection Bureau office or filling an application in the Guardian Court.

Directly From Parents

In this process you can adopt a child directly from parents but you will need Guardian certificate for travel to abroad.

Our Services in this regard:

• Preparation of Documents
• Filling of Petition

5. Maintenance Allowance:

If women get khula from court or Man Pronounced divorcee to his wife, Wife can claim Maintenance allowance of her idat period.

During this wedlock if one or more issues were born and Minors are in the custody of women she can file a case against her ex-husband for maintenance allowance of Minors.

Divorce or Khula is not mandatory in this scenario if  husband did not maintain her wife and children women can also file a case against her husband for Maintenance allowance before family court..

We offer below mentioned services in this regard:

• Preparation of Case
• Filling of Case
• Conduct Trail
• Filling of Application,
• Filling of Written statement,
• Reply of Applications, Before Family Court
• Appeal, Review, Revision

6. Conjugal Rights:

If wife refuse to live with the husband, Husband can file case before Family Court for re Union.

We offer below mentioned services in this regard:

• Preparation of Case
• Filling of Case
• Conduct Trail
• Filling of Application,
• Filling of Written statement,
• Reply of Applications, Before Family Court

7. Jactitation of Marriage:

If male or female claim that he/she married to a person but that person refused that claim he/she can file case in the court of Law for Jactitation of Marriage.

We offer below mentioned services in this regard:

• Preparation of Case
• Filling of Case
• Conduct Trail
• Filling of Application,
• Filling of Written statement,
• Reply of Applications