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Ans: Generally, family law covers all aspects of family and domestic relationships, including divorce ( talaq ), child custody, & child maintenance. Muslim Family Law was introduced in the subcontinent during British rule and was meant to be regulated in the countries after the partition. Family Law describes the following matters:

Marriage Law / Marital Law / Matrimonial Law:

This law secures the various family rights such as:

  • Marriage Law: This law states all the legal matters related to marriage such as legal age for marriage of both boy & girl and registration for marriage is required along with all the necessary documentation.
  • Divorce ( Talaq ) or Khula: In Marriage law, divorce-related matters are dealt with the procedure for talaq & khula.
  • Child custody & maintenance: Child custody and child maintenance is the area of Marriage law or marital law which states the childrens’ rights in terms of custody, maintenance & inheritance. 
  • Wife maintenance: Family Law secures the wife’s rights after divorce by granting her the maintenance in case she is unable to support herself. In this way, she can claim maintenance from her former husband.
  • Age of marriage: Required age for marriage in Pakistan is 18 years for a boy & 16 years for a girl. 

Marriage guardianship: A woman can be married as per her consent & the requirement for ‘wali’ is not mandatory. This law gives free will of marriage to a woman.

Ans:

Pakistan’s constitution gives each citizen the option of choosing his or her partner at will. In the constitution, marriage at will is explicitly permitted. The Pakistan Muslim Family Law Ordinance 1961 stipulates that an individual has the right to freely choose his or her life partner, and the state must respect the couples’ right to marry freely. Additionally, Sharia allows couples to marry according to their free will, so it is permitted by both legal and sharia laws. There is good news that Pakistani law allows couples to use their right to marriage to get married through a court wedding. In reality, court marriages aren’t as difficult as they may appear. The process is simple and straightforward. Court marriages are official unions between a man and a woman. A court marriage is conducted with the assistance of a lawyer and by a Registrar/Magistrate, who makes it legal and official. 

Right Law Associates can help you with the court marriage procedure and can make your marriage legal with our expert consultation and documentation.

Ans: 

Khula is the term used by Pakistani law to describe a divorce filed by a wife. The Khula procedure is followed by the family court in Pakistan. A Pakistani woman has the right to file a khula according to family law. In Pakistan, the khula process is the quickest in the world. Under Pakistani law, a wife cannot divorce her husband. She must instead apply to the court if she wants khula. She will need solid grounds upon which to base her claim. In addition to filing the case, she must also prove it with the help of her lawyer. It is imperative that she hires a lawyer who is knowledgeable and experienced with various cases and situations. Khula procedures in Pakistan can best be handled by our law firm according to the law.

For trusted attorneys, Right Law Associates is the best choice for those who are looking for a solution to their family matters. Right Law Associates, being the expert law firm in Pakistan serving you since 1985, can help you with all the family matters such as divorce, khula, child custody & Child Adoption.

Ans:

Copyright laws, patent laws, and trademark laws are among the intellectual property laws of Pakistan. Third parties are prohibited from using or exploiting the work of creative individuals and businesses under this area of the law. Innovators and creators can fully benefit and protect their creations through Intellectual Property laws.  Pakistani intellectual property laws take the World Trade Organization’s (WTO) provisions into consideration.  

The Pakistan Penal Code provides punishment under sections 478 to 489 for infringements of trade, property, and other marks. IP laws have international as well as national implications. Exclusive licensees of copyrights have the right to all legal remedies if their copyrights are infringed, including injunctions, damages, and accounts as the law permits. In Pakistan, the holder of a valid patent has the right to prevent third parties, without the consent of the owner, from making, using, offering for sale, selling, or importing the patent, and also has the right to assign or transfer the patent by succession and to conclude licensing agreements.  

In addition to having exclusive rights to a registered trademark, the proprietor shall also own the trademark. An infringement of a registered trademark will entitle its proprietor to the same type of relief, such as damages, injunctions, accounts, or otherwise, available under any applicable law for the time being in force in regard to any infringement of any other property right. Whenever a trademark is infringed, the proprietor has the right to seek relief under the Ordinance. 

Ans: 

Child custody law in Pakistan grants the rights to one of the child’s parents the legal & physical rights for the welfare of the children. Traditionally, mothers in Asian nations were granted custody of their minor children; however, the trend is showing signs of change. By the age of seven, a child’s custody is given to the mother which is called ‘Hizanat’, but after the age of seven, the mother’s right over her child ends. Then the court will consider the minor’s preference when dealing with such matters if he or she is old enough to make an intelligent decision. As the matter of a girl child is concerned, she is given to the mother until she reaches puberty.  In this law, the conduct of the mother is very critical. If she is deemed objectionable, she could lose custody of her child. 

Divorce has several implications for the individual, the family, and society at large. However, the children of divorced couples bear the brunt of the entire process. In order to make their lives more advanced, conservative persons search for alternative partners. However, the kids carry the trauma of being manipulated and hurt showing emotion throughout their lives. The numerous youngsters we have handled in our legal expertise, have been plagued by conditions such as temperament disorders, drug abuse, criminal conduct, and opposing social characteristics. 

 

GUARDIAN & WARDS ACT 1890 :

The Guardians and Wards Act, 1890, is credited with giving rise to the law of guardianship and custody of youths in Asian countries. Guardian courts consider the minor’s welfare first when granting custody of minors to a parent or classically to grandparents or another relative.  It is through the aforementioned law that youngsters are awarded custody. There are typically 3 parties to guardian/custody proceedings in an exceptional family/guardian court: 

  1. The protective parent.
  2. The nonprotective parent.
  3. The Minor. 

Ans: As an Islamic country, Pakistan holds strong to the inheritance law.  After the death of an ancestor or relative, the legal heirs who are blood relatives can inherit the property of that ancestor. As per Article 23 of the 1973 Pakistani constitution:

“Every citizen shall have the right to acquire, hold and dispose of the property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest”

The Pakistani Law grants women & children their property rights and depriving women & children of their property rights shall be considered illegal and will be punished with imprisonment of up to ten years. The Muslim Family Law ordinance 1961, provides the legal distribution of shares to all the family members. Generally, the Muslim Family Law of Inheritance is based on the following principles:

 

  • Legal heirs receive all shares through intestate succession
  • A legal heir’s share of the inheritance depends on how close he or she was to the deceased. The closest relatives are blood relatives. The share of the deceased person’s estate depends on how many children, sisters, brothers, and other relatives the deceased had, and they may vary from case to case.
  •  The inheritance of female children is half that of male children and wives receive one-eighth of their husband’s estate.  
  • Even before distribution, heirs obtain an absolute interest in specific shares of an estate. The property may have vested rights. In the case of heirs who die before distribution but were alive at the time of the ancestor’s death, their vested inheritance passes to their heirs.

Ans: 

Both spouses have the right to dissolve a marriage contract. With talaq, the husband has an inalienable right to divorce his wife. Similarly, a wife can exercise her right to divorce by filing a khula. Whether a marriage was dissolved through talaq or khula, divorces must be legalized in order to be valid. It is necessary to obtain a dissolution of a marriage certificate from the concerned government office. Islamic scholars believe that the divorce becomes effective and binding after the husband announces it or khula is obtained from a court.  According to Section 7 of the Islamic Family Law Ordinance, the husband may either pronounce talaq or use a legal document. Union Council or the appropriate government office must receive a divorce notice by registered mail from the husband.  With permission from the relevant government office, a talaq notice may only be served on a wife by her father, mother, adult brother, or sister.  Divorce law grants the rights to both husband and wife to dissolve the marriage by following ways:


  • Husband’s right of Divorce / Talaq 
    • Mutual Divorce (Talaq e Tafweez & Mubarat)
  • Wife’s right of Divorce / Khula
  • Dissolution of Marriages Act 1939

 

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