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KHULA PROCEDURE IN PAKISTAN

In Islam, a married woman is permitted to seek a termination of her marriage contract through a Shariah Council / and Muslim judge (Family Court). The reasons, for seeking Khula should be founded upon valid reasons, such as immoral behaviour or mistreatment on behalf the husband towards his wife, a woman who feels she dislikes her husband and can no longer give him, his rights etc.

However, this decision should be given serious consideration – a woman is advised to abstain from seeking khula on baseless reasons and to exert necessarily efforts to maintain a harmonious and peaceful relation with her spouse with mutual respect and love.

In the unfortunate case, the marriage reaches a point of irreconcilable differences based on valid reasons, all efforts of reconciliation are exhausted and unsuccessful, then Islam has provided a solution for this case i.e. Khula. For more information contact us.

In Islam, a woman who wishes to terminate her marriage contract without the consent of her husband must do so by applying to the Shariah Council. This type of divorce is commonly referred to what is known as a Khula.

It is important to highlight that in order for a married woman to obtain a Khula, the Shariah Council must be satisfied there is a valid reason for an Islamic divorce to be granted. A valid reason covers matters such as adultery, domestic violence and other aspects of immoral behavior.

Grounds for Judicial Divorce on which a woman may seek khula include:
Desertion by husband for four years,
Failure to maintain for two years,
Husband contracting a polygamous marriage in contravention of established legal procedures,
Husband’s imprisonment for seven years,
Husband’s failure to perform marital obligations for three years,
Husband’s continued impotence from the time of the marriage,
Husband’s insanity for two years or his serious illness,
Wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),

Husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives), and any other ground recognized as valid for the dissolution of marriage under Muslim law.

So if you have any question about above matter or you wish to get a solution for your problem in Pakistan, do not hesitate to call Advocate Shoaib at 0092-300 2151 013 and if you are calling from abroad you can also Whats App our law firm on the same number which will be replied by the best lawyer Advocate Ch Shoaib himself.

https://www.pakistanfamilylaws.com/divorce/

NADRA DIVORCE CERTIFICATE
Nadra Divorce Certificate

How to Get Nadra Divorce Certificate in Pakistan?

Documents that are issued to confirm that a divorce has been granted, including details of the specific information contained in the documents and the name of the government body that has authority to grant a divorce; whether the documents have to be registered with a government body, including the name of the government body.

In Pakistan, [a] divorce certificate can be issued by the Family Court OR the Arbitration Council [AC]. The Arbitration Council is the Local Body representative of the area in which the woman resides.
A divorce in Pakistan becomes valid 90 days after the divorce has been announced to the AC (US 8 May 2003). Section 7 of the 1961 Muslim Family Laws Ordinance provides that upon the conclusion of the 90-day period, if no reconciliation has taken place, either party may request a divorce certificate from the AC, which proclaims the date on which the divorce came into effect, thereby enabling either party to remarry (ibid.). This applies to “‘all Muslim citizens of Pakistan wherever they may be'”

The following information pertaining to the issuance of divorce documents under Muslim laws in Pakistan.

1. A confirmation certificate of divorce is issued by the authorized and designated officer under [the] Muslim Family Laws Ordinance and Rules after reconciliation by the officer pursuant to the pronouncement of Talak (divorce), have failed. This certificate usually ends with the following:

“Whereas after receipt of the letter (Talaknama) dated … … … … … … . under Section 7 of the Muslim Family Laws Ordinance 1961 and subsequent correspondence, both parties were contacted for reconciliation but no reconciliation resulted. I, therefore, confirm the divorce.

The Divorce is confirmed under my seal on the … … … month … … … .Year … … … … … authorized officer stamp … … … … … . Signed”.

Ordinance of 1961

“Section 7 (1) Any man who wishes to divorce his wife shall, as Talaq 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”.

“Section 7 (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”.

“Rule 5 (6) All decisions of the Arbitration Council shall be taken by majority, and where no decision can be taken, the decision of the Chairman shall be the decision of the Arbitration Council”.

“Rule 5 (7) A copy of the decision of the Arbitration Council duly attested by the Chairman, shall be furnished free of cost to each of the parties to the proceedings”.

“Rule 6 (1) of Muslim Family Laws Rules 1961: Within seven days of receiving an application under Sub-Section (4) of Section 6 or under Sub-Section (1) of Section 9, or a notice under Sub-Section (1) of Section 7, the Chairman shall, by order in writing call upon each of the parties to nominate his or her representative, and each such party shall, within seven days of receiving the order, nominate in writing a representative and deliver the nomination to the Chairman or send it to him by registered post”.

On failure of the reconciliation efforts, the councillor (who is called Chairman of the Arbitration Council) confirms the divorce by a letter/order. He cannot grant divorce as stated above only confirm it. Even if the certificate of confirmation is not issued by him the divorce becomes final after the period of statutory time meant for reconciliation according to the Supreme Court (of Pakistan) and High Court decisions.

The powers to grant divorce rests with the Family Court to whom the wife can make a petition, if she does not have the delegated powers given to her in the marriage contract by the husband whereby she can issue a letter pronouncing divorce for herself as a man would do. The Family Court of the area where she resides has powers to grant her divorce on her petition and normally would grant divorce if she shows that she is entitled to divorce on any of the grounds allowed by “Dissolution of Muslim Marriages Act 1939” or if she claims that she cannot live with him (as mandated by law and religion).

So if you have any question about above matter or you wish to get a solution for your problem in Pakistan, do not hesitate to call Advocate Shoaib at 0092-300 2151 013 and if you are calling from abroad you can also Whats App our law firm on the same number which will be replied by the best lawyer Advocate Ch Shoaib himself.

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Law and Procedure of Second Marriage in Pakistan
The Muslim Family Laws Ordinance, 1961 prescribed the law about polygamy, permission to second marriage and complaints.

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.

West Pakistan Rules under Muslim Family Laws Ordinance 1961 prescribed the procedure of second marriage and complaints.

POLYGAMY

In considering whether another proposed marriage is just and necessary during the continuance of an existing marriage the Arbitration Council any, without prejudice to its general powers to consider what is just and necessary, have regard to such circumstances, as the following amongst others :
Sterility, physical infirmity, physical unfitness for the conjugal relation, willful avoidance of a decree for restitution of conjugal rights, or insanity on the part of an existing wife.

An application under sub-section (1) of section 6 of permission to contract another marriage during the subsistence of an existing marriage shall be in writing, shall state whether the consent of the existing wife or wives has been obtained thereto, shall contain a brief statement of the grounds on which the new marriage is alleged to be just and necessary, shall bear the signature of the applicant, and shall be accompanied by a fee of one hundred rupees.
COMPLAINTS

No Court shall take cognizance of any offence under the Ordinance or these rules, save on a complaint in writing by the Union Council, stating the facts constituting the offence.
Legal Amendments

Punjab substitution of rule 21 : (Notification No.S.O. X-1-1975-Vol. ll-Punjab Gazette, Extra, 26th November, 1976).

No Court shall take cognizance of any offence, under the Ordinance or these rules save on a complaint in writing by the aggrieved party, stating the facts constituting the offence.’

Guardianship Certificate
To begin with, one has to bear in mind that there are two types of guardianship over a minor: –
1. Wilayah or guardianship of the property and education and marriage of the ward
2. Hizanah or guardianship over the rearing and bringing up of the child.

Guardians are appointed in the following manner: –
1. by natural right, or
2. by testament, or
3. by appointment by a judge

Neil B.E. Baillie in his ‘Digest of Moohummadan Law‘, which is a condensed presentation of the Hanafi code of jurisprudence (Fatawa-e-Alamgiri — page # # of the Introduction), treats these three methods of appointment in this way: “Of Guardians there seems to be two kinds the lineal and the testamentary guardian. The powers and duties of the former are limited to the marriage of his ward, and of the latter to the care of his person and property. The testamentary guardian does not appear to be distinguished from the ordinary executor. No executor has authority to contract minor in marriage, unless he happens to be the lineal guardian also.”

Guardianship for purposes of marriage

Guardianship for the purpose of marriage is allowed because of the necessity for a proper and suitable match which may not always be available. Guardianship extends to the father and grandfather and other relations in their absence. But when a minor is given in marriage by a guardian, other than the father or the grandfather, he or she can, in exercise of what is called the option of puberty, refuse to be bound by the marriage and ask the court to annul the marriage. If the guardian was the father or grandfather, a legal presumption is raised that they must have acted in the best interest of the minor. The presumption is, however, not conclusive and such a marriage can also be set aside in certain cases where it is plainly undesirable, and injurious to the minor.

There is a difference of opinion among the Hanafis as to the circumstances under which a marriage contracted by the father can be set aside. The accepted view seems to be that if the father was not a man of proper judgment and was of reckless character and married his minor daughter to a man of immoral habits, it is liable to be set aside. Abu Yousuf and Muhammad go further that an evidently unequal or undesirable marriage or marriage for less than a proper dower of a minor female or an excessive dower for a minor male is not valid, but Abu Hanifa does not share this view.

Guardianship for purposes of management and preservation of property

The guardianship of a minor for the management and preservation of his property devolves (1) first on his or her father, (2) then on the father’s executor, (3) next on the paternal grandfather, (4) then on his executor, (5) then on the executors of such executors, (6) finally on the ruling power or his representative — a Qazi or judge. Ultimately it rests upon the Qazi to appoint a guardian for an infant’s property when there is no near guardian (i.e., the father, the father’s father and their executors). The other paternal kinsmen who are termed ‘remote kindred’, and the mother succeed, according to proximity, to the guardianship of an infant for the purpose of education and marriage. They do not have the right to be guardians of the minor’s property unless appointed to do so by the ruling authorities, or unless appointed to be a guardian in the original proprietor’s Will, which has been duly attested by competent witnesses. If the mother remarries, she forfeits her right to guardianship. However, she can regain this right should she become divorced again and has thus returned to widowhood.

In case of default of the mother as well as the paternal kindred of a minor, the minor’s maternal relations (according to proximity) are entitled to guardianship for the purposes of education and marriage, and not management of the ward’s property, unless appointed in the late owner’s Will or by the Qazi.

The general rule is that a guardian, executor, or anyone who has the care of the person and property of a minor, can enter into a contract which is (or likely to be) advantageous and not injurious to his or her ward.

A guardian may sell or purchase moveable items on account of his ward, either for an equal rate or at such a rate that may leave a slight loss, but not at such a rate which would make the loss great and apparent (Hidayah, vol. IV, pg. 553)

Guardianship (custody) for purposes of bringing up children (education etc.)

Of all the persons, the mother is the most entitled to the custody (Hizanah) of her infant child during marriage and after separation from her husband, unless she: 1) has become an apostate, 2) is wicked, or 3) is unworthy to be trusted (Fatawa-i-‘Alamgiri vol. 1, pg. 728)

Next, the mother’s mother, no matter how high, is entitled to the custody (Hizanah) of her infant child. If she has died or is married to a stranger, then the full sister is entitled. If the sister has died or is married to a stranger, then the half-sister by the mother is entitled to custody of the child.. On the failure of her in the same way, the daughter of the full sister, then the daughter of the half-sister by the mother. Next the maternal aunt in the same way, and then the paternal aunts also in like manner. (Fatawa-i-‘Alamgiri vol 1. Pg. 728)

The woman’s custody of a boy terminates when he is 7-years old, whereas the custody of a girl terminates when she reaches puberty.

The man’s custody continues until puberty for a boy, and not just until puberty for a girl, but until she can safely be left to herself and trusted to take care of herself.

It is important to always bear in mind that under Muslim Law, personal emancipation does not necessarily lead to an emancipation of property. As a matter of fact, the Islamic system recognizes two distinct periods of majority: 1) One has reference to the emancipation of the person of the minors from the patria protestas (bulughyet), 2) The other to the assumption by them of the management and direction of their property (rushd). Among the Hanafi’s and the Shi’ah, puberty is presumed to occur upon the completion of the 15th year; among the Maliki’s upon the completion of the 18thyear. The Hanafi’s and the Shi’ahs generally consider Rushd (discretion) and bulughyet (puberty) to go together, and therefore the personal emancipation of minors which occurs on their attaining puberty, carries with it the emancipation of their goods from the hands of their guardians. They thus become entitled to take charge of their own property.

There are cases, however, in which a boy or a girl may have arrived at puberty and may yet not be sufficiently discreet (possessed of understanding) to assume the direction of his or her own property. In such cases, the Muhammedan Law separates the two ages of majority, and while according to the minor personal emancipation from the right of jabr, (i.e. the right to impose the status of marriage on a minor) takes care (in the minor’s own interest) to retain the administration of his or her property in the hands of the legal guardian.

If a minor should not be discreet at the age of puberty, he or she will be presumed to be so when the ward completes their 18th year, unless there is any direct evidence to the contrary. (Syed Amir Ali, Muhammedan Law, Vol. II, pg 493, Published by All Pakistan Legal Decisions, Nabha Rd., Lahore, 1965)

The principle of two distinct, and yet concurrent, periods of majority has been adopted in the Indian Majority Act, going back as far as 1875 (See chapter: The Status of Infancy – Personal Emancipation – emancipation of Property – Indian Act IX of 1875)

For further elaboration of provisions relating to puberty, we have reproduced below the entry under the heading of “puberty” from The Dictionary of Islam, by T.P. Hughes (published by Premier Book House, Katchery Road, Lahore, Pakistan):

“Puberty. Arabic bulugh, bulughiyat. The puberty of a boy is established as soon as the usual signs of manhood are known to exist; but if none of these signs exist, his puberty is not clearly established until he has completed his eighteenth year. The puberty of a girl is established in the same way; but if the usual signs of womanhood are known not to exist, her puberty is not established until her seventeenth year has been completed. This is according to the teaching of the Imam Abu Hanifah. But his two disciples maintain that upon either a boy or girl completing the fifteenth year, they are to be declared adult. The Imam ash-Shafi’i concurs in this opinion, and it is said there is also a report of Abu Hanifah to the same effect. The earliest period of puberty with respect to a boy is twelve years, and with respect to a girl nine years.

When a boy or girl approaches the age of puberty and they declare themselves adults, their declaration must be credited, and they then become subject to all the laws affecting adults, and must observe all the ordinances of the Muslim faith. (Hidayah, Hamilton’s Translation, vol. iii. P. 483; Jamiu ‘r-Rumuz, Durru ‘l-Mukhtar)

Syed Ameer Ali says: “The validity of marriages contracted for minors by any guardian other than the father or the grandfather, is not established until ratified by the parties on arriving at puberty. Such ratification in the case of males must be express, and in the case of females, may be either express or implied on arriving at either ratifying the contract entered into during their minority or of canceling it. According to the Sunnis, in order to effect a dissolution of the matrimonial tie, in exercise of the right of option reserved to the parties, it is necessary that there should be a decree of the judge; and until such decree is made, the marriage remains intact. If before a decree has been obtained one of the parties should die, the survivor would be entitled to inherit from the deceased.

The Shi’ahs differ materially from the Sunnis on this. They hold that a marriage contracted on behalf of minors by any unauthorized person (fazuli), i.e. any person other than a father or a grandfather, remains in absolute suspension or abeyance until assented to by the parties on arriving at puberty; that, in fact, no legal effect arises from it until such ratification, and if in the interval previous to ratification, one of the parties should die, the contract would fall to the ground and there would be no right of inheritance in the survivor.” (Personal Law of the Mahommedans,).”
When a female has neither a father nor grandfather nor any of her ‘asabah (remote/distant kindred) to take charge of her, or if the ‘asabah is immoral, it is a duty of the judge to take cognizance of her condition. And if she can be trusted to take care of herself, he should allow her to live alone, whether she be a virgin or a saiyibah. (a woman who departs from her husband either through death or divorce or a girl who has lost her virginity.) [ It is to be noted that a girl who has lost her virginity by fornication is considered a virgin in law, provided that her fornication has not formed the subject of a judicial proceeding. In short, a virgin, in fact, and one in law (hukmi) stand on the same footing]. If she cannot be trusted to take care of herself, then he should place her with some female amin or trustee, in whom he has confidence. After all, he is the superintendent of all Muslims. (Fatawa-i-‘Alamgiri, vol. 1 pg. 780)

When a mother refuses to take charge of the child without hire, then the child may be committed to another.

A boy or a girl having passed the period of hizanah, has no option to be with one parent in preference to the other, but he or she must necessarily remain in the charge of the father. (Hidayah vol. 1 pg. 889)

Before the completion of iddah or dissolution of marriage, the proper location of hizanah is where the husband and wife live. The former cannot take away the child out of the custody of the latter. After completion of her iddah and separation from her husband, a woman may take her child to the place of the mother’s birth, provided that the marriage had been contracted there, or it is so close to the place of separation or close to the husband’s residence, in such a way that if the husband should leave his residence in the morning, in order to visit the child, he will be able to return to his residence before nightfall. There is also no objection to her moving with the child from a village to the city or chief town of the district, if this is advantageous to the child, and in no way injurious to the father. If the child’s mother is dead and hizanahor custody has passed to the maternal grandmother, she cannot remove the child to her own city, even though the marriage had taken place there. Other women are like her in respect to the place of hizanah.

For further details relating to place of hizanat: 1)while the marriage between the child’s parent still subsisting; 2) after dissolution of the marriage; and 3) after the death of the child’s mother, please refer to pages 439-440 (in the section under “Of the Place of Hizanat) of Baillie’s Digest. However, the following quote may be appropriate in order to conclude this discussion:

succession certificate

Succession certificate is issued by a civil court in Pakistan in favour of legal heirs of a deceased person. This certificate is issued in respect of movable property of a deceased person, for example a car, money in bank account, jewellery etc. The procedure often becomes more complicated if there are competing claimants of the same property or asset, and the matter is finally decided by the court. Contact us to discuss your particular circumstances as our expert lawyers have vast experience of the whole process of obtaining succession certificates.
Law of Succession 1925 or Succession Act 1925 governs the all procedure related with succession certificate in Pakistan.
Succession Certificate is required when a person dies in order to transfer property of deceased person to his/her legal heirs such as insurance claims, money in bank account(s), any stocks, prize bonds, Stock exchange Shares etc.
There are two different ways to file an application for succession certificate…
All legal heir can file a joint application in the court with the consent of other legal heirs. During proceedings all legal heirs record their statements in favor of that one legal heir that they do not have any objection to the issuance of succession certificate to that one legal heir. Court in this scenario decided the application in favor of one legal heir who after wards distributes the property among other heirs.
Second method to obtain succession certificate is that all legal heirs apply for succession certificate individually and court issue certificate to all of them according to their share in the property.
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Child Custody Rules
Child custody is a burning issue for every divorce in Pakistan, which makes both parents to know about child custody laws. Each parent seeks every kind of legal provision to gain custody of their child even though being a single parent is tough.

Child welfare is the key factor taken into consideration by the court while granting custodial rights to any parent. Thus, aspects such as financial stability of parent, reported misconduct, character and capacity of parent are given importance.

The courts grant physical rights to one parent, however increased number of cases have seen shared legal responsibility and guardianship of any child(ren). Thus custodial laws in Pakistan can also be classified asphysical and legal.

According to the judicial system established in Pakistan, the legal right over minors implies that the parent is solely responsible for the welfare of the juvenile in question.

While dealing such issues, the court considers the preference of the minor in question, if he/she is old enough to form an intelligent preference.

Traditionally in Pakistan, mothers were given ownership of minor, but the trend has been showing signs of change. More and more women are opting for career driven lives, which may not enable them to bring up their children as a single parent.

Legal Age of Child Custody after Divorce
In Pakistani Laws the custody of a minor is given to the mother, this right is called as right of hizanat. But after the age of seven years, the mother’s right over the son ends however it is not an absolute right; it is made in the interest of the boy. Girls are given to mothers until they attain puberty. One important aspect of this law is that the conduct of the mother is of great importance, and if that is found ‘objectionable’, she may not be given custody rights. The father has the right to custody after the mother’s term ends by the court of law. In case of the absence of both parents, the grandparents are offered the custody of the child.

However, an important point to be noted is that irrespective of the customs or personal laws, any parent who wants custody of a child and cannot reach a settlement has to seek custody separately from the Court. There is never any automatic transfer of a child’s custody to a particular parent.

We have Legal experience in Child custody and child adoption cases
If you do have a similar case or need any help regarding the same then please do not hesitate to call us or contact through our website. Our best lawyers will be happy to assist you with their free legal advice on your child custody or adoption case.

So if you have any question about Child Custody Rules or you wish to get a solution for your Child Custody Rules in Pakistan do not hesitate to call Advocate Shoaib at 0092-300 2151 013 and if you are calling from abroad you can also Whats App our law firm on the same number which will be replied by the best lawyer Advocate Ch Shoaib herself.

Family Laws
FAMILY/MATRIMONIAL LITIGATION IN PAKISTAN

Our Law firm–knows how to face challenges arising out of difficult and complex family cases. We have well-trained team, working collaboratively in order to win lawsuits. We are confident that we can achieve the needs and best interests of our clients. We represent clients appearing before all levels of family courts, which include dispute settlement offices, first instance courts and appellate courts.

Family law is one of the most important laws that touch everybody’s daily life. People who are going to marry are subject to the family laws and the rules of where the marriage took place. From this point, the notion and the idea that everyone should know the family law before they become subject to it, has been formed.

OUR Law Firm guides clients in taking the best legal action concerning them. We are sufficiently experienced and professionally equipped to fight on behalf of our clients, be it in the case of the plaintiff or the defendant, in order to achieve success.

Our Law firm successfully deals with Family Cases relating to:

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International divorces, International Marriages, International abduction of Children, Dissolution of Marriages, Maintenance of wives and children, Recovery of dowry articles and dower amount, Restitution of conjugal rights, Registration of marriage & divorce, Settlement of matrimonial issues , Drafting of family settlements, Drafting of divorce agreement, Divorce effectiveness certificate, Divorce and Khula for overseas Pakistanis, Court Marriage, Custody and Guardianship of minors, Appointment of Guardian, Child visitation, Adoption of children, Legitimacy of children.