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.

Irfan Mir Halepota & Associates

Karachi Office

Office # E-26, Executive Floor,
Glass Tower,
Khayaban-e-Iqbal (Clifton Road),
Teen Talwar, Clifton,
Karachi, Sindh,
Pakistan.

Telephone No.  +92-21-35642634
Mobile Phone No. +92-321-2057582
Mobile Phone No. +92-300-8233580

Email: info@irfanlaw.com
Website: https://www.irfanlaw.com

You can Contact Us for detailed consultation.

Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

Telephone: 0321-2057582

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

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.

Difference between Talaq and Khulla

Talaq is the Islamic term for divorce, which is commonly used in all Part of Pakistan including Karachi, Lahore, Islamabad, Hyderabad and Thatta. A talaq is used to end a contract of marriage the nikah, under the terms of Islamic sharia (which is also adopted under the Pakistani Laws). It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Pakistani Marriage Contract). If the Husband gives Talaq he must also tender Haq Meher to his Wife, whereas if the Wife exercises her right of Talaq then she must relinquish her right to Haq Meher.

It is important to note that Shia and Sunni Muslims have different rules for performing a Talaq. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the triple talaq, whereas Shi’a scholars view the triple talaq (in one sitting or at one time) as a custom, forbidden by Holy Prophet Muhammad, but reinstated by Umar ibn al-Khattab, and thus  forbidden. Sunni scholars agree to the facts, but deem it halal (“lawful”) anyway.

Khula is the right of a woman in Islam to divorce and it means separation from her husband. After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother till the age of Hizanat which is seven years for son and age of puberty for daughters.

After the age of Hizanat, the children have the right to live with the father or the mother, and their opinion will be considered by the court but will not be taken as conclusive and decisive factor.
A woman seeks a Khula while a man seeks a Talaq. The Iddah period also allows for reconciliation for the husband and wife.

We do not run any fund raising program regularly, but  International and Local Donor agencies are always welcome for starting Human Rights and Woman rights Projects with our collaboration. We are not a N.G.O. (Non Government Organization) but we have dealt many divorce and human rights cases for deserving woman in Karachi, Pakistan without Professional Fees.

A woman can approach court for Khulla at any time after marriage, under the Family Law there is no limitation to file Divorce Case, even she can file a case for khulla on second day of marriage.

Sometimes ladies can not come to office of a Lawyer for discussing her case due to domestic problems, therefore, she can not get proper legal assistance rapidly. We on-line services to them. 

If you can not come our office then you can just email us the details of your case and sent required papers to us by courier services alongwith cross cheque or pay order of our professional fees. We will prepare your case, the draft is sent to client by email, after approval of the client the case is finalized for filing in the Court. Client has to come court for recording of statement before the judge.

Please 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

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

Divorce and Khula in Pakistan

When husband and wife cannot live happily together within the limits prescribed by Almighty Allah then they can dissolve their marriage through divorce or khula. The husband can pronounce divorce and wife can file a suit for dissolution of marriage and can also pronounce Talaq, if such right has been conferred upon her. Every divorce or khula case has its own facts, circumstances, drawbacks, challenges and solutions.

We recognize that your case is not just unique, but also critically important to you. At Irfan Mir Halepota & Associates you will find the help, assistance and attention to bring about the change you need according to the Family Laws of Pakistan.

Q: In Pakistan what are the terms used to identify the parties in a divorce proceeding?
A: The party filing the suit is called the “Plaintiff”, while the other party to the divorce proceedings is referred to as the “Defendant”.

Q: What are the ways marriage can be dissolved in Pakistan?
A: Marriage can be dissolved in any of the given ways i.e. divorce by the husband at his will without the intervention of a court commonly called a “Talaq”; by mutual consent of the husband and wife, without intervention of the court; by a judicial decree at the instance of the court and by the wife in exercise of a contractual right of divorce.

Q. What is meant by “Khula”?
A: Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through intervention of the court. A woman seeks a “khula” while man gives a “Talaq”.

We are not a N.G.O. (Non Government Organization) but we have dealt many divorce and human rights cases for deserving woman without Professional Fees.

Sometimes ladies can not come to office of a Lawyer for discussing her case due to domestic problems, therefore, she can not get proper legal assistance rapidly. We on-line services to them. 

If you can not come our office then you can just email us the details of your case and sent required papers to us by courier services alongwith cross cheque or pay order of our professional fees. We will prepare your case, the draft is sent to client by email, after approval of the client the case is finalized for filing in the Court. Client has to come court for recording of statement before the judge.

 

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


Woman right get divorce by way of khula in Karachi Pakistan

We do not run any fund raising program regularly, but  International and Local Donor agencies are always welcome for starting Human Rights and Woman rights Projects with our collaboration. We are not a N.G.O. (Non Government Organization) but we have dealt many divorce and human rights cases for deserving woman in Karachi, Pakistan without Professional Fees.

Q. What grounds are available to a wife to get Divorce according to Laws of Pakistan?
A: As per Dissolution of Muslim Marriages Act a woman shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds:

Whereabouts of the husband not known for four years; Husband has neglected or failed to provide maintenance; Husband has sentenced to imprisonment for a period of seven years or upwards; Husband failed to perform marital obligations for a period of three years; Husband was impotent at the time of marriage; Husband has been insane for two years; She was married when she was minor; Husband treats with cruelty; Leads an infamous life; Attempts to force her immoral life; Venereal disease; Incurable form of leprosy; Disposes of her property; Obstructs her in observance of her religious practice; If she cannot live with the husband within the limitation imposed by the Almighty Allah.

Beside above, there are also other grounds available to wife for the dissolution of marriages under Muslim Law.

Q. What is the procedure to obtain “Khula” (dissolution of marriage) in Pakistan?
A: If wife is not delegated the right of divorce in her nikanama (marriage contract form) then she would apply for khula in the court. When the wife files a suit for dissolution of marriage the court issues notice to the opposite party i.e. the husband and if he fails to appear after the due process of posting and publication the court can proceed with the case ex-parte and pass a decree. In case where the husband or his representative appear he is required to file a written statement following which the court has to fix a date for pre-trial proceedings for reconciliation. If reconciliation fails court will pass decree for dissolution of marriage.

Q. After obtaining khula decree from the court is dissolution of marriage is complete?
A: No, after obtaining Khula decree from the court you need to file an application before the Chairman Arbitration Council/Union Council of your jurisdiction for obtaining dissolution of marriage certificate.

 

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


Delegation of right of Divorce to Woman under Pakistani Law

Q: Can a wife be delegated right of pronouncement of divorce?
A: Yes, wife can divorce; if so delegated in the nikanama (marriage contract form) the said right is called Talak-e-Tafweez (delegated powers of divorce). Husband may delegate right to divorce while contracting marriage as per paragraph 18 of the Nikahnama, then the wife has a right to divorce, otherwise it is the exclusive right of the husband. But if wife has no such right and she wants dissolution of marriage then she can file a suit for the “Dissolution of Marriage” on the basis of Khula or seeks divorce both through intervention of the court.

Q: How would I know where my divorce case will be filed in Pakistan?
A: Your case can be filed where marriage has taken place or where marriage was registered; where the defendant is residing. Wife can also file a case at the place where she ordinarily resides.

Q. Whether overseas Pakistanis wives can get divorce in Pakistan via online?
A: No.

Q: Can overseas Pakistani file for divorce without coming to Pakistan?
A: Yes, but for that her marriage should be registered in Pakistan she can appoint someone through Special Power of Attorney who will represent her on her behalf in the court.

Q: What is the law for custody of children for divorcing couples in Pakistan?
A: Guardian and Wards Act is the law, family court can also entertain suit relating to custody of children according to Family Courts Act 1964. General rule is that the interest and welfare of the minor child should be of paramount consideration.

Q. What are the rights of wife to property after divorce has taken place in Pakistan?
A: The bridal gifts given to wife in dowry/jahaiz are the exclusive property of wife during or after the marriage. Upon dissolution of marriage wife is also entitled to claim deferred dower and maintenance during the period of Iddat.

Q. What is the procedure husband should adopt to give divorce to his wife in Pakistan?
A. Under the Muslim Family Laws Ordinance any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq/Divorce in any form whatsoever, give a notice in writing to the chairman of the Union Council and also send a copy to the wife. Within thirty days of the receipt of notice of Talaq chairman shall constitute an arbitration council for the purpose of bringing about reconciliation between the parties and after expiry of ninety days if reconciliation fails divorce will take effect.

We are not a N.G.O. (Non Government Organization) but we have dealt many divorce and human rights cases for deserving woman without Professional Fees.

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