Family Cases Lawyer - Shoaib Advocate High Coourt

Permission to take the Minor Abroad

Guardian Petition

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After chasing the Guardianship certificate, Minor require Permission to take the minor abroad through Guardian Court.
In this regards petition have to be file in the same court.

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 — 0312- 6811013 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.

Family Cases Lawyer - Shoaib Advocate High Coourt updated their address.

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/

Procedure of Divorce for Overseas Pakistani Men
If you are wondering how can I send my divorce notice to my wife in Pakistan from foreign country and you don’t to appear in person before any court then follow these steps:
First, overseas Pakistani husband makes sure that he knows the permanent or last known residence of her wife.
Then he has to execute two major legal documents, the divorce deed ( we have complete format of the divorce deed and special power of attorney).
In special power of attorney any person who may be a relative or close friend will be appointed as his representative. This nominated person will appear in any legal forum including the concerned union council.
Now Pakistan’s high Commission of that country where the husband is staying will attest to the above mentioned two documents.
After attestation, these documents will be sent to Pakistan’s foreign office.
Once the foreign office receives the divorce deed and special power of attorney. It will counter attest these papers after you submit the required fee.
After the attestation process completes, the nominated person in the attorney will send the divorce deed to the wife’s address and at the same time, one copy will be sent to the concerned union council.
The union council will start a proceeding in which representatives from bother sides will appear, so that matter might be reconciled. In case no compromise the chairman union council will issue an original divorce certificate to the husband.
How long does a divorce procedure take in Pakistan? Well! it will take 90 days to issue a divorce certificate.
This divorce certificate is needed when the husband wants to do second marriage in Pakistan.
Lastly, if the husband wants to marry a woman living in his country of stay then he has to attest this certificate from a foreign office of Pakistan and present it during the marriage proceeding. otherwise, he has to face criminal proceedings.
This is the divorce procedure for overseas Pakistani. If you need help in that matter you can contact us via calls & whatts app: +923002151013

Procedure of Khula for Overseas Pakistani
If you are a woman and you are sick and tired of your husband maltreatment then under Pakistan law you have a right to dissolve the marriage on the basis of khula.
In case women reside in a foreign country and she doesn’t want to appear before the court to get khula. Then she has to follow these steps;
She will execute a legal document called special power of attorney. In this document, she will nominate a person who will file a case in the family court on her behalf and appear before the union council.
Pakistan High Commission of her country of stay will attest to this document and sent it to the foreign office situated in Pakistan.
Once the foreign office receives the legal papers, it will counter attest them after the realization of the prescribed fee.
The person appointed in the attorney will only be authorized to appear personally before the foreign office to get the procedure done.
The person nominated will hire a lawyer in the district where the women last resided. A formal family suit will be filed.
The written statement of husband received or not just on the statement of wife the court will announce the decree of dissolution of marriage on the basis of Khula.
Once the court issues the attested copy of the decree of Khula, the nominated person will initiate proceedings before the concerned union council where the marriage took place.
The union council will take 90 days to complete their procedure and will issue a divorce certificate to the overseas wife.
This is the complete divorce and khula procedure for overseas Pakistani.
If you have any questions ask us. If you want to start legal proceedings then contact us. Calls & Whatts app: +923002151013

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.

[11:01 AM, 4/3/2020] +92 324 7673930: خلع کب جائز ہے ؟
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اسلام نے بلا شبہ ایک مسلمان عورت کو خلع کا حق دیا ہے ،
جس طرح مرد کو طلاق کا حق دیا گیا ہے۔
مرد ہو یا عورت ، دونوں اپنا اپنا یہ حق بہت سوچ سمجھ کر استعمال کرتے ہیں ۔ یہ جذباتی فیصلہ نہیں ہوتا۔
شعوری فیصلہ ہوتا ہے۔
دونوں یہ حق ، صرف ہنگامی حالت میں استعمال کریں گے۔
یوں سمجھ لیجئے کہ یہ ایک Emergency Exit ہے۔
عام حالات میں یہ سخت نا پسندیدہ ہے۔
اسلام چاہتا ہے کہ مسلم معاشرے میں طلاق اور خلع کے معاملات کم سے کم ہوں۔ خاندانی نظام متاثر نہ ہو۔
بچوں کی تربیت پر مضر اثرات مرتب نہ ہوں۔
بد قسمتی سے مغربی تہذیب کے اثرات نے معاشرے میں طلاق و خلع کی شرح میں اضافہ کردیا ہے۔

معقول جواز
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مسلمان عورت کو خلع لینے کا حق ہے لیکن عورت کے پاس ، خلع کے لیے معقول جواز کا ہونا ضروری ہے۔
جیسے :
شوہر ، نا مرد ہو۔
متشدد اور ظالم ہو۔ وحشیانہ مار پیٹ کرتا ہو۔
جب بیوی کو جان کا خطرہ ہو۔
مکان کا کرایہ اور کھانے پینے کے بنیادی جائز اخرجات بھی نہ دیتا ہو۔
بے دین اور بے نمازی ہو۔
فسق و فجور اور کبیرہ گناہوں میں مبتلا ہو۔
بد اخلاق ہو۔
دیوث ہو۔ بے غیرت ہو۔
بد صورت ہو، اور بیوی اس سے نفرت کرتی ہو۔
یا عورت کو ڈر ہو کہ وہ اس شوہر کے ساتھ اللہ کے حدود کی پاسداری نہیں کرسکتی۔ ( جب بیوی کو شوہر کی بے التفاتی کی وجہ سے زنا میں مبتلا ہوجانےکا خدشہ ہو۔۔۔۔۔۔)وغیرہ ۔۔۔۔۔۔

فقہاء نے یہاں تک کہا ہے کہ اگر عورت اولاد کی طالب ہے ، اور شوہر جنسی حقوق تو پورے کرسکتا ہے ، لیکن مستند ماہر بڑے ڈاکٹر کہتے ہیں کہ وہ صاحب اولاد نہیں ہوسکتا تو ایسے صورت میں بھی عورت، حصول اولاد کی خاطر، خلع لے کر کہیں اور نکاح کر سکتی ہے۔

قرآن نے کہا کہ اگر وہ حدود اللہ کی اقامت نہ کرسکیں تو کچھ دے دلا کر ( مہر واپس کرکے )شوہر سے خلع لے سکتی ہیں۔
( البقرہ : 229 )
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بچوں والی عورت کو خلع لینے سے پہلے سوبار سوچنا چاہیے کہ اس کے اثرات بچوں کی زندگی پر کیا مرتب ہوں گے۔
اصلاح احوال کی ساری کوششیں کی جائیں۔
علماء ، مصلحین ، خاندان اور برادری کے لوگوں سے مشورہ کیا جائے۔
اسی طرح بڑی عمر کی خواتین کا معاملہ ہے۔
انہیں اللہ کے ہاں جواب دہی کا خوف ہو۔
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بلا وجہ خلع لینا:
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رسول اللہ صل اللہ علیہ وسلم نے فرمایا :
جو عورت بلا سبب خلع لیتی ہے ، وہ جنت کی خوشبو نہیں پا سکے گی۔ ( ابن ماجہ : 2,055)
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بلا وجہ خلع لینے والی عورتیں منافق ہوتی ہیں۔ ( ترمذی :1186 )
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وہ شخص ہم ( مسلمانوں ) میں سے نہیں ، جو کسی عورت کو اس کے شوہر کے خلاف بھڑکائے۔ ( ابو داؤد :2٬17 )
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مغرب میں عورتیں شہرت کے لیے ، پیسوں کے لیے ، بوالہوسی اور ذواقیت کے لیے خلع پر خلع لیے چلی جاتی ہیں۔
فلمی اداکاراؤں اور ماڈلز میں یہ رجحان بہت عام ہے۔
اللہ مسلم معاشرے پر رحم فرمائے۔
الحمدللہ چند واقعات سے قطع نظر
آج بھی یہ معاشرہ بہت حد تک محفوظ و مامون ہے۔

Family Cases

Warrasat

Second Marriage procedure 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.’

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
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:

Our services include but no limited to:

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.

Family Cases Lawyer - Shoaib Advocate High Coourt updated their website address.