Child Custody

Types of Child Custody

1. Permanently Custody
In this type of custody the minor live permanently with the one spouse either with the father or mother or with any other maternal or paternal relatives. This kind of custody is given the family court concern where the child is living. After the hearing and with the evidence of the witness court allow the permanently custody to anyone. As per law till the age of 7 of male child it is the right of mother to retain the custody of the child and if the ward is female then its age is puberty as prescribed in the Guardian & Wards Act 1890. But this is not final there are so many other grounds which are considered at the time of permanently custody. For example the welfare of the minors, Second Marriage of the mother/father, death of the mother, maintenance of the minors, character of the mother or father, wish of the minors, other female persons in the house of father etc.

2. Temporary Custody
This kind of custody in given under section 12 of the Guardian & Ward Act 1890 by the court to any spouse either father or mother till the decision of the permanently custody case. Generally this kind of custody is given to the mother as she is right of hizanat and under Islamic law the mother has right to get this kind of custody. However father can also applied for this kind of custody and father can also be given on the grounds in the absence of the mother, character, not fall under the hizanat etc.

3. Meeting Custody
It is the right of the parents to meet with the minor. Both father and mother applied for this meeting with the child. If anyone have no custody and court on the ground will unable to handover the permanently custody or during the pending the main permanently custody case, the court can allow any of the parent to meet with the child. Meeting can be held in any place which court consider fit with the consultation of the both parties. Meeting can be held in the court or at the house of the any party, in the office of any counsel and any other suitable place. This meeting can be held after seven days, fifteen days or after one month as the court may think fit and proper. On the different occasion for example on the Eid days or in the vacations, the court can grant the meeting with the minor for more than one day.

4. Legal Custody
Legal custody of a child means having the right and the obligation to make decisions about a child’s upbringing. A parent with legal custody can make decisions about schooling, and medical care, etc. This kind of custody is award by the court after the proper hearing of the case and generally this is got under section 25 of the guardian and Ward Act 1890 and per court decision both the spouses are bound to retain as per court decision. This legal custody can be given for specific period for example for the specific age of the ward.

5. Illegal Custody
If mother or father forcibly get the custody or snatch the custody of the minor without the will and wish of the other party or against the court decision. This is called illegal custody. And the illegal custody can be given back by the court by filing contempt of court, filing habeas Corpus Petition under section 491 in the court and court after recover the minor handover to the party who has legal right for the minor custody.

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Talaq

Talaq

(1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife.

(2) Whoever, contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

(3) Save as provided in sub-section (5) talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from day on which notice under sub-section (1) is delivered to the Chairman.

(4) Within thirty days of the receipt of notice under Sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.

(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in Sub-section (3) or the pregnancy, whichever later, ends.

(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under his section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.

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Registration of marriage

Registration of marriage

(1) Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance.

(2) For the purpose of registration of marriage under this Ordinance, the Union Council shall grant licenses to one or more persons, to be called Nikah Registrars, but in no case shall more than on Nikah Registrar be licensed for any one Ward.

(3) Every marriage not solemnized by the Nikah Registrar shall, for the purpose of registration under this Ordinance be reported to him by the person who has solemnized such marriage.

(4). Whoever contravenes the provisions of such-section (3) shall be punishable with simple imprisonment for a term which may extent to three months, or with fine which may extend to one thousand rupees, or with both.

(5). The form of nikahnama, the registers to be maintained by Nikah Registrars, the records to be preserved by Union Councils, the manner in which marriage shall be registered and copies of nikhanama shall be supplied to parties, and the fees to be charged thereof, shall be such as may be prescribed.

(6) Any person may, on payment of the prescribed fee, if any, inspect at the office of the Union Council the record preserved under sub-section (5), or obtain a copy of any entry therein.

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Polygamy

Polygamy

(1) No man, during the subsistence of an existing marriage, shall except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under Sub-section (1) shall be submitted to the Chairman in the prescribed manner together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

(3) On receipt of the application under Sub-section (3), Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such condition if any, as may be deemed fit, the permission applied for.

(4) In deciding the application the Arbitration Council shall record its reasons for the decision and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

(b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

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Letter of Administration

Letter of Administration

If any person died intestate and left the immoveable property behind him/her then his/her legal heirs can file the for the grant of Letter of Administration in the competent court of law which is either District Judge of High Court under section 278 of the Succession Act 1925.

Court grants the Letter of Administration on executing the bond and submitting the surety in the name of petitioner who get mutated the said property in the name of legal heirs.

In the Petition for Letter of Administration all particulars are stating the time and place of the deceased death, family and other relatives, their respective residences, the right in which the petitioner claim, amount and assets with two witnesses who verify about the legal heirs of the deceased.

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Oral Divorce

Oral Divorce

In spite of sending the notice under section 7 of Muslim Family Law Ordinance to chairman for the confirmation of the divorce, the oral divorce is effective and binding on the parties. Divorce would not ineffective in Shariah where husband having divorce his wife orally fails to send notice to chairman union council concerned relating to such divorce.

As a proof and for the requirement of law the divorce is given written for saving any contravention otherwise In Islam it is not mandatory to give written divorce and send a notice to the chairman arbitration council. When oral divorce is pronounced it is also effective after passing the three months.

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Share of widow in Property and inheritance rights of widow

A widow is indeed entitled to a share of the inheritance from the property which belonged to her deceased husband; but she would not be entitled to inherit anything from the property which belongs to her father-in-law, or any other blood relative of her deceased husband, absolutely regardless of whether she has married again or not, or whether she has off-spring or not.

The widow is entitled only to a percentage of the inheritance left behind by her deceased husband; 1/4th if they have no children from the marriage, and 1/8th  if the couple have children.

The best team of our lawyers always assist the clients to get their rights. We provide complete Free Legal Advice to widow woman as a Sadqa and Zakkat , for getting their Legal rights and getting their proper share in property of their deceased husband. Sometimes a Widow lady is unable to pay our professional Fees, we file her case without fees, thereafter they pay our fees as per their convenience.

Our Goal is to fight for the rights, therefore we always provide better ways to our clients to achieve their legal rights without any over burden of litigation costs.

 

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Muslim Family Laws Ordinance, 1961

The Lawyer is Profession, but the lawyers around the world are called by different names, in Pakistan, India & Bangladesh the Lawyers are Called as Advocate, In England and Wales Lawyers are called as Solicitors and Barristers, In United States of America USA the lawyers are called as Attorneys.

Muslim Family Laws Ordinance, 1961, is an Ordinance to give effect to certain recommendations of the commission on marriage and Family Laws. It was enacted to expedient to give effect to certain recommendation of the commission on Marriage and Family Laws.

(a) “Arbitration Council” means a body consisting of the Chairman and a representative of each of the parties to a matter dealt with this Ordinance:

Provided that where any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council.

(b) “Chairman” means the Chairman of the Union Council or a person appointed by the Federal Government in the Cantonment areas or by the Provincial Government in other areas or by an Officer authorised in that behalf by any such Government to discharge the functions of chairman under Ordinance:

Provided that where the Chairman of the Union Council is a non-Muslim, or he himself wishes to make an application to the Arbitration Council, or is, owing to illness or any other reason, unable to discharge the functions of Chairman, the Council shall elect one of its Muslim members as Chairman for the purposes of this Ordinance.

(c) “Prescribed” means prescribed by rules made under Sch. II.

(d) “Union Council” means the Union Council or the Town or Union Committee constituted under the Basic Democracies Order, 1959 and having jurisdiction in the matter as prescribed.

(e) “Ward” means a ward within a Union or Town as defined in the aforesaid Order.

The procedure for registration of marriage as described in Muslim Family Laws Ordinance, 1961 is as under :-

(1) Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance.

(2) For the purpose of registration of marriage under this Ordinance, the Union Council shall grant licenses to one or more persons, to be called Nikah Registrars, but in no case shall more than on Nikah Registrar be licensed for any one Ward.

(3) Every marriage not solemnized by the Nikah Registrar shall, for the purpose of registration under this Ordinance be reported to him by the person who has solemnized such marriage.

(4). Whoever contravenes the provisions of such-section (3) shall be punishable with simple imprisonment for a term which may extent to three months, or with fine which may extend to one thousand rupees, or with both.

(5). The form of nikahnama, the registers to be maintained by Nikah Registrars, the records to be preserved by Union Councils, the manner in which marriage shall be registered and copies of nikhanama shall be supplied to parties, and the fees to be charged thereof, shall be such as may be prescribed.

(6) Any person may, on payment of the prescribed fee, if any, inspect at the office of the Union Council the record preserved under sub-section (5), or obtain a copy of any entry therein.

Procedure for Talaq as per Muslim Family Laws Ordinance, 1961 is :-

(1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife.

(2) Whoever, contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

(3) Save as provided in sub-section (5) talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from day on which notice under sub-section (1) is delivered to the Chairman.

(4) Within thirty days of the receipt of notice under Sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.

(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in Sub-section (3) or the pregnancy, whichever later, ends.

(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under his section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.

Dissolution of marriage otherwise than by talaq.

Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolves the marriage otherwise than by talaq the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.

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