Family Law
The family law of Pakistan is an umbrella that serves several issues related to marriage and family. The following categories are dealt with under the family law of Pakistan.
The Muslim Family Law ordinance 1961
The Muslim Family Law Ordinance 1961 extends to the whole of Pakistan and is applicable to all of Pakistan’s Muslim citizens. The Ordinance covers all the categories included in the family law of Pakistan and is combined with different Acts concerning the subject issue.
Relevant Legislations
Nikah
Nikah is an Islamic marriage contract between a legally aged man and a legally aged woman. The registration of nikah either under reasonable condition or online comes under the Family law. Nikah’s registration begins under the Muslim Family Law Ordinance 1961, and failure to register the Nikah is considered an offense and results in fines, penalties, or imprisonment under particular circumstances.
Khula or Judicial Divorce
Khula is the right given to the wife by both Islam and the Law of Pakistan. When a wife fails to live happily with her husband for reasons valid in the eye of the court, she can file a lawsuit for Khula. The wife has to surrender her rights for Haq Mehr to get Khula. The Khula proceedings usually take from 2 to 3 months.
Divorce
Divorce of dissolution of marriage can be done either by the husband or the wife if she is given the right of Talaq in Nikah Nama. Because there is a concept of triple verbal Talaq in Islam, the family law has introduced the Zina Ordinance to protect women’s rights. Therefore, under the Muslim Family Law Ordinance 1961, it is made clear that marriage is not dissolved in the eyes of the Family Law of Pakistan until and unless it has been registered in the Union Council by the husband or wife through the procedure set by the Law.
Child Custody
The issue of child custody arises after the husband and wife dissolves their marriage. The general Family Law suggests that the woman has the right to Hizanat i.e.
After this, the right of custody is transferred to the father, although the case might be different in different situations. The Guardians and Wards Act, 1890, is responsible for giving the right to either the father or the mother. The top priority of the Act for making the decision is the well-being and welfare of the child. In the battle for child custody, either party can challenge the court’s orders for the purpose of winning the custody of child.
Adoption
The Family Court administers the adoption of a child. The adoption of a child is considered as a noble cause in Islam. For the purpose of adopting a child, the couple has to hire a lawyer or an online lawyer who can proceed with the case in the Family Court and prepare necessary documents for the case.
The legal process of court hearing has four dates and takes about 8 to 10 weeks. For the purpose of adaptation, the following conditions should be fulfilled:
Maintenance of wife and child
In the eyes of Islam and the Law of Pakistan, the husband is solely responsible for providing for the maintenance of his wife(s). it is the duty of a husband and the legal right of a wife. Therefore, if the husband fails to provide for the wife or fails to maintain equality among wives, he can be challenged legally. Payment of any outstanding amount of dower or Haq Mehr is also included in the maintenance section under The Muslim Family Law Ordinance 1961.
Similarly, in the eyes of Islam and the Law of Pakistan, it is the legal duty of a father to bear all children’s expenses. The expenses include providing for shelter, food, clothing, and education. Even if the marriage is dissolved, and the child stays with his mother, the father is still responsible for providing for the child. In case the father fails to fulfill his duty, he can be sued by the legal Guardian or the next legal Guardian of the child.
Law of inheritance and succession
when a person dies without leaving a will for his movable property, its legal heirs can apply of Succession certificate to claim their right on the property. All procedures for the succession are governed by the laws under the Succession Act of 1925. The movable property includes bank deposits, jewelry, cash, car, stocks, bonds, insurance, etc.
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