The field of law that deals with family connections are known as family law. Family law is one of the most emotionally charged areas of the law since it deals with relationships and children. It encompasses the formation of family connections and the dissolution of such relationships through a divorce and the termination of parental rights. Adoption, contested child custody, and the resulting child support responsibilities are all covered under family law. Family attorneys deal with highly sensitive matters in their clients’ lives.
Our reputable Family Lawyer Firms in Islamabad, Pakistan, provide services in the following areas.
A Muslim marriage is a civil contract that may be performed and terminated like any other contract. Additionally, the legal right of the spouses to break the marriage contract is acknowledged in Islam. Thus both parties have religious rights to dissolve the marriage. Husbands have an inherent legal right to divorce via Talaq, but wives may only use their right to divorce if explicitly stated in their marriage contract or nikkhanama. If the woman is denied the right to divorce, she may file a khula petition in family court to get a judicial divorce.
There is no need to go to court in either of these types of divorce. Thus the marriage can be ended quickly, inexpensively, and with minimal procedural issues. In this case, both the husband and wife may sign a Mutual Divorce Deed and send a written notice to the concerned government office under section 8 of the Muslim Family Law Ordinance; however, the government office is required to follow the notice issuance procedure before issuing the dissolution of the marriage certificate.
Divorce by Wife or Khula
If the wife’s right to divorce has not been delegated to her, she can terminate the marriage by filing a ‘Khula’ with the Family Court, also known as judicial divorce. The dissolution of marriage, known as ‘Khula,’ is initiated by the woman and granted by the court. To apply for ‘Khula,’ the wife would need to file a suit in the Family Court under the Dissolution of Muslim Marriage Act 1939, claiming that she can no longer live with her husband “within limits prescribed by Allah,” and that such a statement on oath made in her suit would be sufficient to establish her case for ‘Khula.’
Divorce in Islam
Islam and the Quran have urged both partners to live in peace and harmony. However, it is a natural process of life that inevitable conflicts between spouses emerge throughout the marriage, especially during the early years of marriage. In Islam, it is generally advised to address such conflicts by acting honestly and gently; nevertheless, if such arguments cannot be resolved, the following method is mandated in Islam before the marriage is terminated.
- Both parties must attempt to resolve their disagreements on their own. Third-party involvement, such as that of parents, siblings, friends, or relatives, is a typical reason for the non-settlement of disagreements, according to family counselors. Adults can settle their disagreements calmly by speaking and voicing their grievances, as numerous family counselors throughout the world have documented. It’s always a give-and-take situation. As a result, it is advised that a couple strive to talk about their differences without the interference of outsiders in any manner and that they constantly remember that a good existence always entails giving and taking.
- In the unusual event that the couple cannot reach an agreement, two neutral personalities/arbitrators, one from the husband’s family and the other from the wife’s family, must be chosen to try to make peace and resolve their disagreements.
- If this effort fails as well, the husband or wife may file for divorce.
- If a divorce notice is filed through the appropriate government agency, a ninety-ninety-day or three-month reconciliation period is allowed (unless the parties have divorced each other for the third time), commonly known as the iddat period.
- During the waiting period, the two sides might reevaluate their positions and reconcile. If the time described above has passed and there has been no reconciliation, the divorce will be finalized, and the marriage will be dissolved.
- If the wife is pregnant, the waiting time is extended until Her child’s birth plus the iddat period. However, during pregnancy, divorce is not effective.
The mother of a minor is granted custody under Pakistani law, and this right is known as hizanat. The mother’s right over her kid expires at the age of seven, although it is not an absolute right; it is made in the boy’s best interests. Until they reach adolescence, girls are handed to their mothers. One of the most significant aspects of this rule is that the mother’s behavior is crucial, and if it is deemed “objectionable,” she may not be granted custody rights. After the mother’s court-ordered period expires, the father has the right to custody. If both parents are unable to care for their children, the kid is given to the grandparents.
Take Care of the Child in Pakistan
A child’s right to maintenance is a fundamental right. According to Pakistani law, the father is liable for his children’s maintenance. The father is responsible for child support based on his financial situation. Previously, the alleged father was required to support both his legal and illegitimate offspring under sections 488-490 of the Criminal Procedure Code of 1898. Because this stance was deemed contrary to Islamic law, these parts were abolished in Pakistan in 1981. The Family Courts Act 1964 was amended in 2002, and several regulations about a child’s entitlement to maintenance were created. However, the legislation contains just a few guidelines in this area.
The legislation, on the other hand, has virtually few rules regarding maintenance. Cases involving child support are resolved in light of previous rulings.