Family Laws in Pakistan
Family disputes are increasing in Pakistan day by day. Family law is the area of law that deals with marriage, divorce, custody of minors, child maintenance and schedule meeting with minors as well as many other disputes that come up when you get married, have children, and get divorced perchance. Other important disputes pertaining to Family law include child adoptions, guardianship and domestic violence. Hamza and Hamza Law Associates have best family lawyers in Lahore and is widely famous for its approach to cater the family disputes of its clients.
We at Hamza and Hamza Law Associates being the Best family lawyers in Lahore have successfully dealt with following legal disputes:
If the wife is not willing to live with her husband and wises to dissolve the marriage she can file a Suit for Dissolution of Marriage on Principle of Khula in the Court of Law having competent jurisdiction. It is an Islamic right available to Wife to seek dissolution of her marriage in case if husband refuses to divorce her.
Nowadays procedure of filing khula in court is simplified. All a Wife needs to do is to hire a competent lawyer and provide him with all details and documents necessary for preparing a case. If Wife donot possess the Marriage Certificate (Nikah Nama), she can still file a Khula with an Affidavit whilst confirming the date of marriage and the fact that Marriage Certificate (Nikah Nama) is in custody of Husband or any third person as the case may be. After the case is filed, Wife along with a witness will submit oral as well as written evidence in court if applicable, after which the Court announces Khula in favor of the Wife. The decision of the family court pronouncing Khula is called the Khula Decree. The khula proceedings may take upto 1-2 months maximum.
Hamza and Hamza Law Associates is the top law firm in Lahore comprising of best family lawyers in Lahore. We are famous for our speedy and effective legal services with regard to your family case.
Law requires husband to maintain and afford the expenses of his Wife. Wife is entitled to maintenance from her husband from the time of marriage/ wedlock till the time she is officially divorced by her husband. In case of failure of husband to maintain his wife, maintenance claim is filed in the Family Court, which determines the amount of maintenance payable from the date of default and consequently renders final judgment against the husband. If the Husband still fails to pay maintenance as determined, the court issue non-bailable warrants after which Husband is arrested. The Husband cannot wriggle out of his obligation by taking a plea of the Wife’s wealth or on the ground that he is unemployed or he has limited income as an excuse for eloping out of his obligation to providing maintenance to his Wife.
We at Hamza and Hamza Law Associates comprising of best family lawyers in Lahore handle your case efficaciously and effectively. We understand the sensitivity of the dispute and ensure handing your case with outmost professionalism whilst keeping your information confidential.
Family laws of Pakistan impose strict legal obligations over the father to maintain his children. Father is required to maintain them till; in case of Boy till he attains 18 years of age, whereas in case of Girl till she finally gets married. In case of default in paying maintenance to children, a suit for maintenance is filed in the Family Court against the father. Family Court determines the amount of maintenance payable to children from the date of default and consequently renders final judgment against the father to maintain children per month. Additionally, the Family court also fixes the annual increase in maintenance. Law requires a 10% increment per annum in the maintenance fixed by the court payable to children. If Father still fails to pay maintenance as determined by the court, his assets are attached by the court and are auctioned to recover the arrears. In absence of assets owned by the father, the court can also issue non-bailable warrants after which Father can be arrested. Father cannot, therefore, excuse from paying the maintenance to children on the plea that he is unemployed or he has limited income. However, if the father genuinely does not have any source of income and is unemployed, the obligation to maintain the children is shifted upon the grandfather to pay the maintenance of the children.
We at Hamza and Hamza Law Associates are the best family lawyers in Lahore. We know the sensitivity of such disputes and handle your family law dispute swiftly and effectively. Top family lawyers in Lahore available at Hamza and Hamza Law Associates are fully equipped and aware of day-to-day reforms and updates in the family law of Pakistan.
Either parent seeking Custody of children in Pakistan from the court requires filing a separate suit irrespective of any family dispute prevailing between husband and wife. Either parent while seeking custody of children from the court will have to substantiate that the best welfare of the minor lies with him/her. Upon the divorce or separation between husband and wife, custody of children is always the main dispute between father and mother. The court while deciding the custody of children takes into consideration the financial soundness of parents, the reputation of parents in society and Character of parents. Additionally in certain circumstances court also gives weightage to the opinion of the minor to choose a parent that the minor wishes to live with, if such minor is old enough to form an intelligent opinion.
We at Hamza and Hamza Law Associates, being the top family lawyers in Lahore provide you expert opinion to achieve custody of children from the court of law. We strategize your case to yield speedy and potential custody of children from the guardian court.
during a family dispute between husband and wife, regardless of if a parent is consensual or by order of the court is allowed custody of the child, the law in certain cases requires the custodial parent to apply for a guardian certificate. For example in a case where a custodial parent wishes to travel abroad with the minor or a case where a parent wants to manage the property of a child is required to have a guardian certificate issued by the guardian court. Best family lawyers in Lahore at Hamza and Hamza Law Associates can quickly arrange your guardian certificate from the guardian court.
We at Hamza and Hamza Law Associates, are the best law firm in Lahore. Our firm specializes in the domain to urgently arrange the guardian certificate for you from the guardian court.
There is no direct law for the adoption of children in Pakistan. However, if you seek to adopt a child in Pakistan you are required to hire a lawyer who applies for adoption through a legal process. The team at Hamza and Hamza Law Associates has vast experience in rendering legal services for the adoption of children in Pakistan. Expert team of best lawyers based in Lahore at Hamza and Hamza Law Associates has rendered legal services in this regard to several local and foreign clients.
Dowry is a gift given to the bride by her parents at the time of her marriage in Pakistan. In case of dissolution of marriage or dispute between husband and wife, such gift remains entitlement of wife and thus wife cannot be deprived of her entitlement by a husband or his family.
A specialized team comprising of qualified lawyers in Lahore at Hamza and Hamza Law Associates assists you in recovering the dowry articles through a court process in no time.
We at Hamza and Hamza Law Associates comprising of expert foreign qualified top lawyers in Lahore assist you in managing your family dispute with an effective strategy to yield effective, swift and potential results through a legal process in Pakistan. We are fully equipped and aware of the day-to-day reforms and updates in the family law of Pakistan. For your queries and question feel free to contact the firm.
When we talk about divorce in Pakistan, it means two things; 1. divorce given by the husband to the wife; or 2. KHULA sought by the wife against her husband. Both the cases are different as different provisions of laws apply each of the two aforementioned possibilities. If the husband gives divorce to his wife, then he is liable to pay Haq Meher to her. Whereas on the other hand if the wife seeks KHULA from her husband, she must file a suit for Dissolution on Principle of Khula before the Court of Law, which while deciding the case also determines and declare the amount of Haq Meher as entitlement of Wife. Noteworthy that previously law required that KHULA could only be sought on the ground of husband’s insanity, his cruelty, his impotency, imprisonment for seven years or his failing to comply with marital obligations Etc. But several developments in law, by virtue of different Judgments have been introduced by Honorable Supreme Court of Pakistan lately, by virtue of which merely on the basis of hatred and dislike Wife can seek Khula against her Husband from the Court of Law.
Procedure for seeking Khula in Pakistan:
In order to seek Khula, Wife is required by law to file a Suit for Dissolution of Marriage on Principle of Khula the Court of Law having competent jurisdiction. Khula as such is Islamic right available to Wife to seek dissolution of her marriage.
Filing Khula is very simple and easy nowadays. All a Wife needs to do is to hire a competent lawyer and provide him with all details and documents necessary for preparing a case. If Wife do not possess the Marriage Certificate (Nikah Nama), she can still file a Khula with an Affidavit whilst confirming the date of marriage and the fact that Marriage Certificate (Nikah Nama) is in custody of Husband or any third person as the case may be. After the case is filed, Wife along with a witness will submit oral as well as written evidence in court if applicable, after which the Court announces Khula in favor of the Wife. The decision of the family court pronouncing Khula is called the Khula Decree. The khula proceedings may take upto 1-2 months maximum.
Maintenance of Wife and Children:
Notwithstanding the above, law requires husband to maintain and afford the expenses of his Wife and Children. Wife is entitled to maintenance from her husband from the time of marriage/ wedlock till the time she is officially divorced by her husband. Whereas, in case of Children, father is required to maintain them till; in case of Boy to become 18 years old or above, whereas in case of Girl till she finally gets married. In case of failure of father/husband to maintain his wife / children, maintenance claim is filed in the Family Court, which determines the amount of maintenance payable from the date of default and consequently renders final judgment against the husband/father. If the Husband/Father still fails to pay maintenance as determined, the court issue non-bailable warrants after which Husband/Father is arrested. The Husban/ Father cannot wriggle out of his obligation by taking a plea of the Wife/ Mother’s wealth or on the ground that he is unemployed or he has limited income as an excuse for eloping out of his obligation to providing maintenance to his Wife/Children.
We at Hamza and Hamza Law Associates have vast experience in the domain of Family Disputes and handle your case efficaciously and effectively. We understand the sensitivity of the dispute and ensure handing your case with outmost professionalism whilst keeping your information confidential.
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