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Family Laws Pakistan

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.

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

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Family Law

Frequently Asked Questions About Court Marriage Karachi Pakistan

 

Question: What is the procedure for Solemnization of marriage / Registration of marriage ?
Answer:  According to Pakistan family laws, the minimum age for getting married is 18 years for both groom and the bride. Prior to the date of marriage/Nikah. You have to have any valid proof of your age and submit its photocopies alongwith other necessary requisites of the office [which primarily varies from case to case – but may include, age proof of each of the parties, their photographs etc.] along with the necessary fees and charges.

Question:  How much time is required for a court marriage in Pakistan and what are the religious ways available to do the marriage in court?

Answer:  
If you have an appointment with us then it would hardly take 2 to 3 hours in maximum.

And there are many ways to get married you just need the right information, A marriage can be done by

Muslim religious way

Christine religious way

or any other religious way

and then it can be registered .Please contact us as soon as you can to get complete details and solutions
What happen if some question or problem arise after the completion of marriage, relating to our marriage by parents or someone else ?

Answer:  The cost you will pay us will includes consultation services, if some problem or question arise related to your marriage after completion. you will get free legal advice and help from us. We are the only law firm who provide this type of service. We are also the only law firm who ensures that before getting marrage we inform our clients about every thing and If any problem may come related to your marriage after we will help you for free.  So you will be ready and informed in advance if any bad situation may arise. We are not saying that you get married right now but, its really good if you get your documents ready as soon as possible, once you get your document completed you can get married any time you want.
Question:  I don’t know anything about court marriage, what is the best way to start court marriage process?
Answer:  Court marriage is a process that is both easy and complicated depend on your situation, that’s why we have a specialized team of lawyers and court marriage consultants for your every need. There are many people on internet who try to confuse you strange by rumors but let me say that a court marriage is a Simple process all you need is professional help from the best in this field. So, contact us as soon as you decide to get married in the court, there are different type of documentation required according to situation. so contact us today and get your marriage process run smoothly.

 

Question:  Can i do it myself, why do i need lawyer and professional help?

Answer:  This is Pakistan and court marriage is one of the most complicated issues and don’t forget about the money minded people of the legal system of this country, some bad reputed lawyers, lower category staff dealing with law & its enforcement. There are thousand ways that people can create a issue just to get some more money out of you. When you have  professional lawyers with you then they know all the laws and can help you with almost every situation. In addition to its best to have some one knowledgeable with you when your are making the most important decision of you life.

 

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


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About us

Law Firm Programme for Women rights with Support of Pakistan and International Orgnizations

Pro bono services of our Law Firm are well recognized in Pakistan and Internationally. In collaboration with Local and International Organizations, from to time we have started programs for providing legal aid to the deserving persons specially Women and Children as a Sadqa and Zakkat .

In our Legal assistance program we have provide free legal advice to more than 1,000 women and aware them relating to their legal rights.

Furthermore, as a consequence of the legal awareness programmes being conducted, people started approaching office personally, by email and telephone wanting to seek solutions for their problems.

  • Only those cases that concern women will be taken up for Free Legal Consultation
  • It will also cater to those cases that deal with family laws and family affairs
  • All the risks that a woman might confront and the options available to her must be explained to her, if she approaches for her case, leaving the decision making left to her
  • To ensure the security of the rights of the woman while finalizing the conditions in case of compromise
  • To arrange for mediation on the request of the party i.e. to enter into reconciliation process during the case or prior to entering court on the demand of the party
  • Laws should not be wrongly implemented

Provide complete law related and legal Services on Family, Divorce, Khula, Separation, Court Marriage, Child custody, Adoption, Guardianship, Maintenance, Alimony, Dower amount, Dowry articles, Succession Certificate, Letter of administration, Transfer of Property, Estate law, Lease, Sale Deed, Commercial and Business Law, Corporate Law, Registration of firm, partnership and company, trademark, copyright, Civil law suits, Injunctions, Recovery, damages, defamation, High Courts Appeal, Writ Petitions, and heabus Corpus Petitions etc.

Submit Your Query For a Legal Advice

 
Law Firm based in Karachi having well experienced Advocates and Lawyers in the fields of International Human rights and Women rights Law.
E-26, Glass Tower, Clifton
Karachi, Sindh
PK
Phone: +92 321 205 7582