Family Law Expert Divorce Lawyers For Khula, Talaq (Divorce): Our Family law expert lawyers cover divorce & khula cases. Best family/divorce lawyers in Karachi
Family law is the area of the law dealing with family and domestic matters. Family law covers issues such as marriage, separation and divorce, adoption, child custody, child maintenance, child protection and guardianship and child abuse. Family Law is the area in which our Divorce & Family Lawyers have experience for decades!
Our family lawyers work with clients on a range of legal issues including succession, inheritance, division of inherited properties, property ownership agreements, wills and estate settlements. We are the senior divorce and family lawyers of the Family & Divorce Section of Right Law Associates in Karachi, Islamabad and Lahore, Pakistan. Our CEO is a well-known family law attorney, who has been practising/advocating in criminal courts and family courts for over 37 years. We can assist you to get separated from your spouse with the help of highly qualified and experienced lawyers at affordable costs.
Our divorce lawyers provide legal aid to victims of domestic violence and help them get back their life. We are among the top law firms in Pakistan for family law matters.
Our legal aid services in the area of family and divorce law have been appreciated by clients all over Pakistan. Our services include representation at court, document preparation and filing, negotiation with parties, etc. You can contact us from 10 am to 1 am, using the phone number given below, or through WhatsApp messaging.
Muslim family law introduced in British India continued to govern personal status after the partition of India in 1947. In 1955, a seven-member Commission on Marriage and Family Laws was created with the mandate to examine the personal status laws applicable in the newly formed state and determine the areas in need of reform. A few provisions in the Report of the Marriage and Family Laws Commission were adopted by the Muslim Family Laws Ordinance, 1961. According to the report, divorce laws and inheritance laws for orphaned grandchildren should be reformatted. In addition to the implementation of compulsory marriage registration, it also introduced restrictions on polygamy and reform laws on dower and maintenance after a divorce. The laws on marriage age were also amended. In 1956, the first constitution of Pakistan was promulgated. A repugnance clause was included in this act. The clause stated that no law would be enacted in violation of Islamic injunctions. To implement any necessary amendments, all existing laws would be reviewed in light of this provision. In subsequent constitutions, this repugnance provision has been retained and has even been strengthened. Family law encompasses all the family matters such as marriage, divorce or talaq, khula, wife maintenance, child custody, child maintenance, etc. Following is the detailed analysis of these mentioned family laws:
In 1961, the Muslim Family Laws Ordinance (MFLO), introduced changes to various aspects of classical Muslim law. As part of this reform, marriages and divorces will be registered, orphaned grandchildren’s inheritance rights secured, polygamy will be restricted, all talaq (except the third of three) will be deemed, single and revocable court procedures regarding maintenance and divorce will be formalized, and mahr will be recoverable if it has been misappropriated. A marriage that fails to register is not invalid. Penal sanctions may be applied to those who violate the registration requirement. Marriage registration, under the MFLO, is mandatory, and failure to register is punishable with fines or imprisonment. Muslim marriages are still legal if they are arranged only in accordance with religious rites.
The legal age of marriage in Pakistan is 18 years for males and females. Underage marriages are strictly prohibited according to the law. As far as the matter of marriage guardianship is concerned, an adult Hanafi Muslim woman can enter into a contract for marriage without her wali’s consent because one of the prerequisites for a valid contract is the consent of the woman, not that of the wali, according to the court.
To treat every talaq uttered in any form (except the third of three) as a single and revocable. Formalizing reconciliation, notification, and recovery procedures for mahr. Due to lack of notification, most Talaqs were rendered invalid during the 1960s and 1970s. A reform of the classical law concerning the exercise of talaq was also undertaken. According to the MFLO, the divorcing husband must notify the chairman of the Union Council in writing as soon as possible after a talaq has been pronounced.
A suit for dissolution of marriage or judicial divorce may be filed by women on the following grounds:
A decree will be issued by the Family Court and a notification will be sent to the Union Council, which will proceed as if it had been given the Talaq and once the iddat period of over the Khula has expired.
As a rule, the wife, when bringing a Khula suit, has to return Haq Mehar and any other benefits she received from the husband as zar-e-khula. Gifts received from the husband’s family, however, are not required to be returned. The court determines how much and what is to be returned based on the facts of the case.
However, Khula (Dissolution of Marriage By way of Khula) can also be filed by the wife in case she is not happy with her husband.
Her Ex-husband has to provide for and maintain her in a fair and reasonable manner during the “Iddat” period. You can contact our Family Law Legal Aid Office for consultation with our senior Family & Divorce Lawyer in Karachi, Islamabad and Lahore.
Child/Children under age of 7 years, in Pakistan are usually given legal custody by their mothers, which is known as ‘Hizanat’. As a child reaches the age of seven, a mother’s right over him ends, but the right to raise him continues. As opposed to absolute rights, this right is created in the interest of the child. A girl is given to her mother until she reaches puberty. The conduct of the mother plays a very significant role in this law. She may lose custody of her child if she is found ‘objectionable’. After the mother’s term has ended, the court can grant the father custody of the child. Unless both parents are present, the child’s grandparents are awarded custody.
A father is required to pay support for livelihood and maintenance to his child under Islamic law as well as Pakistani law. For sons, this obligation continues until the child reaches majority age, and for daughters until the child marries. The father will be obligated to maintain a son who is incapable of earning income after he reaches the age of majority. Islamic law provides detailed rules regarding the maintenance of children.
Right Law Associates, being the expert law firm in Pakistan serving you since 1985, can help you with all the legal matters. We aim to provide our clients with professional legal consultation in all family issues including divorce/khula, financial law, criminal cases, and other civil litigation matters. Our expert lawyers specializing in Family Law, Divorce Law, and other Civil Laws in Pakistan provide advice and consultation. By providing our clients with the best family and divorce lawyers in Lahore, Islamabad, and Karachi, we connect lawyers with clients seeking legal advice.
You can ask us questions about legal issues through email at [email protected]. Our expert lawyers are one call away from you. Book an appointment by calling at 0331-6644789.