Child Custody in Karachi Pakistan

Child custody is a matter which is closely related to divorce law and many issues will inevitably be dealt with at the same time as a divorce. However, in many cases parents will come to their own informal arrangements. In any case, an agreement should be reached on the basis of what the parents mutually believe is best for the welfare of the children and, if possible, what their children want.

Child custody law of Pakistan determines who should be responsible for the care and charge of a child, after divorce or separation. In the majority of cases parents opt for joint custody, which enables the child to spend an equal amount of time with each parent. This option also allows both parents to participate in any decision making which may affect the child. However, if parents are unable to amicably decide what living arrangement is best for their child, the courts will decide on their behalf.

If there is a dispute, to reduce the potential stress and legal costs, the next step is mediation, which can be arranged through Child Custody Lawyers. The well trained team of lawyers in Karachi, Lahore, Islamabad, Hyderabad and Thatta provide best legal services.

If mediation cannot resolve the dispute, the final stage is the courts. Again, in general the decision as to who is awarded custody is based on what is best for the welfare of the child/children.

If you have recently divorced or separated from you partner and want to find out about child custody, how child custody arrangements are made and what you can do in the event of a dispute, you are in the right place to find out. We understand how sensitive child custody issues can be.

However, we have tried to be as frank and objective as possible so it has some use for everyone and allows you to know exactly where you stand.

Please Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

 
Law Firm based in Karachi and Islamabad having well experienced Advocates and Lawyers in the fields of Family Law, Divorce Law and Child custody Law
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

 

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Very soon we are opening our branch office in Gulshan-e-Iqbal, if you are any suggestion for location,  we will be thankful for any helpful comment.

Child Custody under the Islamic Law in Karachi Pakistan

In the unfortunate event of a divorce in Islam, regardless of who amongst the spouse initiates the divorce, Shariah Law states that all children (male or female) will remain in the custody of the mother until they reach the age of understanding and puberty; and it will be responsibility of the father to provide for the financial upkeep of the children.

Once the children reach the age of understanding, the father has a right to move to Court if he wishes to gain custody of the children.

In this particular case the mother will get the primary custody of the girl (10 years) until she has reached the age of puberty, and if then the father wishes to get primary custody of his daughter, he will have to approach a Court.

The boy of 14 has already reached his age of puberty, thus if the father wishes to gain primary custody of his son, he will have to approach the Court.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

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.

Submit Your Query For a Legal Advice

 
Law Firm in Pakistan dealing with Commercial, Intellectual Property and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

Khulla

Khulla

Right of Khulla is not an unconditional right but this can be granted by court upon satisfying itself that there is such discard, hatred, intense, dislike and incurable aversion on the part of wife that is impossible for the spouses to live together and perform their matrimonial obligations within the limits of prescribed by God.

Khulla is a kind of divorce when wife get from the family court in lieu of forgoing her right of dower . section 8 of Muslim Family Law Ordinance 1961 attract on Khulla and other dissolution of marriage other then talaq under section 7 of Muslim family Law Ordinance 1961.

When wife file the suit for the dissolution of marriage by way of khulla under section 8. Summons are issued to the husband through registered mail, courier service, pasting and as well through publication in the newspaper and court give sufficient time and chance to husband to file his rebuttal and reply. Therefore court fixes the case for pre-trial for reconciliation and compromise. If reconciliation fails then under section 10 court pass the decree for dissolution of marriage fore with and also restore to the husband the haq mahar received by the wife inconsideration of the marriage at the time of marriage.

On the other hand if husband fail to appear then court published the summon in the newspaper and try to bring the husband in the court but if he fail to appear then court have no other alternative except to decree the suit ex-parte by dissolving the marriage by way of khulla.
In the suit of Khulla, there is no need to prove any allegation leveled by the wife against the husband. Only hatred is sufficient for the grant of Khulla. As Islam and law does not allow the hateful union.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Changing of last name after the marriage

Changing of last name after the marriage

When you marry, you are free to keep your own family name or take your husband’s name, Give some careful thought to what name feels best for you. You can save yourself considerable time and trouble by making sure you are happy with your choice of name before you change any records. The name changing method is so simple. You have to take your nikahnama (Marriage Certificate) and your old original CNIC with the father name and go to the NADRA office. You will be issued new CNIC with your new family name and husband name instead of father name. And after the CNIC you can get your new passport also.

Changing of last name after the Divorce
The same procedure you have to adopt for changing your name and getting your CNIC & passport with your father name after your divorce. When you get divorce / Khulla from the court or your husband pronounce you divorce then it will be mandatory for you to change your name and have to get new CNIC and Passport with your old name and with your father name. For this you have to visit NADRA office for CNIC and Passport office for Passport along with court decree of divorce / divorce deed and NADRA confirmation certificate that you have got divorce or divorce has been given to you.

Changing of name in other cases
In other cases if you want to change your child name before 18 years/age of majority that will be easy. You have to give the affidavit and get new birth certificate and in this way you can also change your child name in the educational institutions. But after the age of 18 years it will be very difficult to change the name without any cogent reason. However if you have sufficient prove that the name has been written wrong then you can change your name but for this you have to file suit in the court. And upon the court decree you will be able to change the name in the relevant Govt. records. You may also apply the interior ministry for the changing the name and if the satisfy then it will be published in the official gazette.


Appointment of Guardianship

Appointment of Guardianship

Guardian is appointed under section 7 of Guaridan and Ward Act 1890.  Appointment of Guardianship is made and appoint by the Family Court.Under the section 7 of Guardian & Ward Act 1890 court has power to appoint any person as a guardian of the minor or property or both. When the court is satisfied that it is for the welfare of the minor that on order should be made.
(a) Applying a guardian of his person property or both
(b) Declaring a person to be such guardian, the court may make an order accordingly.
Point of consideration for Guardianship
Court at the time of passing the order will see the both material and moral/spiritual welfare of the minor. Under section 17 of Guardian and Ward Act the following principles are laid down in order to secure the welfare of the minor.

(1) Age
(2) Sex
(3) Religion of the minor
(4) Character and capacity of the proposed guardian
(5) Nearness of kin to the minor
(6) Wishes of the deceased parent
(7) Any existing or previous relation of the propped guardian with the minor or his property
(8) If the minor is old enough to form an intelligent preference that preference has to be considered.
(9) Whether the applicant ion is bonafide or necessary or not.

Classification of Guardian

For the Appointment of Guardianship the following are the classification of Guardians.
1. De jure
2. De facto
Person entitled to apply
1. The person desirous of being or claiming to be, the guardian of the minor or
2. Any relative or friend of the minor or
3. The collector of the district or to her local area within which the minor ordinarily resides or in which he has property or
4. The collector having authority with respect to the class to which the minor belongs
Guardian cannot be appointed in these cases
(a) Of a minor who is a married female and whose husband is not, in the opinion of the court, unfit to be guardian of her person or
(b) Of a minor whose father is living and is not, in the opinion of the court unfit to be guardian of the person of the minor or
(c) Of a minor whose property is under the superintendence of Court of Wards competent to appoint a guardian of the person of the minor.


Domestic Violence laws in Pakistan

Domestic Violence laws in Pakistan

We always respond quickly to urgent situations.

We respond quickly to requests for help in cases of domestic violence. The violence may be physical, sexual or psychological. It may be inflicted by anyone with whom you are in a domestic relationship, or have been in the past – for example, your spouse, partner, or child.

We discuss your needs and consider how to protect you. An application for an injunction may be made to the court so that your abuser is prohibited from coming near you. Any order that is obtained may also carry a Power of Arrest providing you with immediate and effective protection.

As well as obtaining legal protection for you, we can give legal advice in relation to your children including maintenance, the family home and rights of occupation, and other legal issues.

If you need a lawyer to act for you urgently, phone us on 03212057582

Please Contact Usfor detailed consultation.

Regular Website:  http://www.irfanlaw.com

Call: +92 321 205 7582

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

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.

 

For more information please visit our website

Regular Website:  http://www.irfanlaw.com

Telephone:         +92 321 205 7582

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Family Law Firm Lawyer Specialized in Court Marriage in Karachi

The Law Firm practicing in the areas concerning family law especially Youth in the families. The Constitution of Pakistan has given Right of Liberty to marry with any one. We being an advocate support the youth so that their desires should be fulfilled through Court Marriage.

Some other reasons are also responsible for rise of court marriage for example the late marriages, rise in education level and increased contact among the members of opposite sex etc. Although the rise in education level has changed the way of living of people but still Pakistani society is conservative on this particular issue of court marriage. People think girl child as a property of there family rather than a living person. The work not stop at solemnization of court marriage, its more important that the couple performing court marriage should be protected also, so that they can enjoy there right of court marriage conferred to them by the Constitution of Pakistan. Due to rise in court marriage trends the incidents of honour killing are also increasing so its utmost important that life and liberty of the court marriage couple should be protected by state. So at last not least grown ups having age of marriage can fulfill their wish of marriage with their free will through court marriage by adopting the legal procedure. We do not charge any hidden charges or costs for our services.

People of different ages contact us for the purpose of court marriage. Majority of people are young and teenage girls and boy. Elder age mature Man and Woman also contact us for court marriage. Some times Elder age mature man and woman want to keep their marriage secret due to personal reasons. It is our policy not to disclose their contract of marriage with any third party without consent and permission of parties of marriage.

Very soon we are opening our branch office in Gulshan-e-Iqbal, if you are any suggestion for location,  we will be thankful for any helpful comment.

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582


Court Marriage Procedure

Procedure of court marriage is: Girl having age more than 18 years can contract marriage in the court with her own freewill and wish without the will of her parents. Law gives her right.

For court marriage in Karachi, Pakistan only CNIC or any other document i.e. Passport etc is sufficient as proof of girl’s / her age.

The girl has to personally appear in the court who will execute the freewill, which will be attested by the person who is empowered as Magistrate by the Government and on the basis of her freewill her marriage (Nikah) will be performed, the boy and girl have to bring their CNIC or any other documents as proof of age and 6 passport size photographs of each. In other words it can be said Court Marriage in Karachi is very easy.

People of different ages contact us for the purpose of court marriage. Majority of people are young and teenage girls and boy. Elder age mature Man and Woman also contact us for court marriage. Some times Elder age mature man and woman want to keep their marriage secret due to personal reasons. It is our policy not to disclose their contract of marriage with any third party without consent and permission of parties of marriage.

For marriage performance at least two witnesses are required, they must be have their CNIC. The Lawyers at our Law Firm assist the individuals to reach City Court Karachi befofre the concerned authorities and also assist clients for preparation of proper Marriage Documents including Affidavit of Freewill.

 

Fell Free to Contact Us for detailed consultation.

Telephone: 0321-2057582

Regular Website:  http://www.irfanlaw.com

 

Submit Your Query For a Legal Advice

For rapid response you can also submit your Query at WhatsApp on +92 321 205 7582 For a Legal Advice
 
Law Firm in Pakistan dealing with Civil Litigation, Commercial, Intellectual Property, Real Estate and Family Laws of Pakistan.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582

Court Marriage Lawyer in Karachi, Court Marriage Law Firm in City Court Karachi, Court Marriage Procedure in Pakistan, Advocates dealing with Court Marriage in Karachi, Pakistan.

 

Very soon we are opening our branch office in Gulshan-e-Iqbal, if you are any suggestion for location,  we will be thankful for any helpful comments.