Family Laws In Pakistan
The current state of family law in Pakistan is a mixture of codified law and customary law based on religious norms. The codified Muhammedan law is mainly contained in the Muslim Family Laws Ordinance, 1961. This ordinance provides for the dissolution of Muslim marriages, the custody of minors, and child maintenance. The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. These courts have exclusive jurisdiction over matters relating to personal status, marriage, divorce, and maintenance.
The legal definition of family in Pakistan
The West Pakistan Family Courts Act 1964 governs the jurisdiction of Family Courts. These courts have exclusive jurisdiction over matters relating to personal status, marriage, divorce, custody, and maintenance. The court in whose local limits cause of action arose either wholly or in part or where the parties reside or last resided together has the jurisdiction to entertain a petition for divorce.
The main laws governing family law in Pakistan are the Muslim Family Law Ordinance 1961 and the Dissolution of Muslim Marriages Act 1939. The Muslim Family Law Ordinance 1961 has been amended by the Muslim Family Laws Ordinance 2006 to provide for more equitable distribution of property on divorce and to give women greater rights in relation to child custody and maintenance. The Dissolution of Muslim Marriages Act 1939 continues to govern divorce in Pakistan.
Family law is a complex and sensitive area of law that requires the expertise of experienced lawyers. Our team of family law experts can provide you with expert advice and representation in all areas of family law
Who has the right to live in the family home?
FAMILY LAW IN PAKISTAN.
The court in whose local limits cause of action arose either wholly or in part or where the parties reside or last resided together has jurisdiction over the matter. The right to live in the family home is a fundamental right guaranteed by the Constitution of Pakistan. This right is enshrined in article 23 of the Constitution which states that everyone has the right to acquire, own and dispose of property. However, this right is subject to certain restrictions imposed by law.
Governed by classical law; reform introduced in post-independence legislation allows for orphaned grandchildren through sons and daughters to inherit the share of their parents. In Pakistani Laws the custody of a minor is given to the mother, this right is called the right of hizanat. But after the age of seven years, the mother’s custody rights are subject to the father’s consent. The Supreme Court has ruled that great grandchildren did not have any share in the property
Who has the right to make decisions about the children?
The primary law on the custody of the child in Pakistan is contained in the Guardian and Wards Act, 1890. It has been in existence since aeon without any significant amendment. The law pertains to guardianship and regulating the custody of children in Pakistan. The custodial parent (the one the child lives with) earns the legal right to make decisions about the child’s lifestyle, welfare, and education.
What is a marriage contract and why is it important?
Pakistani family law is a blend of codified law and customary law based Under Muslim Personal Law, ‘marriage or Nikkah is a religious contract between two consenting adults of opposite sex. The Ordinance to give effect to certain recommendations of the Commission on Marriage and Family Laws.
An Ordinance to give effect to certain recommendations of the Commission on Marriage and Family Laws. WHEREAS it is expedient to give effect to certain recommendations of the Commission on Marriage and Family Laws; AND WHEREAS the National Assembly is not in session and circumstances exist which render it necessary to take immediate action;Now, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, read with Article 234 thereof, and all other powers enabling him in that behalf, the President is pleased hereby to make and promulgate the following Ordinance:-
1. Short title, extent and commencement.-(1) This Ordinance may be called The Muslim Family
How can I get a divorce in Pakistan?
In Pakistan, divorce is governed by the Muslim Family Law Ordinance 1961. This law sets out the grounds and procedure for Muslims to divorce. To get a divorce in Pakistan, either the husband or the wife can sign a mutual divorce deed in the presence of two witnesses.
What are the grounds for divorce in Pakistan?
There are a few grounds for divorce in Pakistan. A husband has the unilateral right of Divorce or talaq and he cannot be alienated from this right but can but can be restricted through the marriage contract. Marriage can be dissolved in any of the given ways i.e. divorce by the husband at his will without the intervention of a court commonly called a talaq, khula (divorce by wife in Islam to seek dissolution of marriage from her husband through intervention of the court) before the Family Courts to obtain a judicial divorce. Another ground for divorce in Pakistan is if the husband has not fulfilled his duty to financially support the household for at least two years.
How does child custody work in Pakistan?
In Pakistan, the law stipulates that the mother has primary custody of a child until the age of seven. After that age, the father has legal custody, but the mother still has physical custody. The custodial parent can make decisions about the child’s education, health, and welfare. If parents divorce or are unable to live together, the court will decide who will have custody of the child. The court will also decide on visitation rights for the non-custodial parent.
What are the different types of child custody arrangements in Pakistan?
The father or mother or with any other maternal or parental relative.
This kind of child custody in Pakistan is given by the family law and it is the most common type of arrangement. The father has the primary right to custody but in some cases, the mother can also be given this right. The other relatives can also be given this right if the parents are not able to take care of the child.
A child custody case in Pakistan is done in court when there is no child custody agreement between the husband and wife. The court makes child custody decisions based on the best interests of the child. In making its decision, the court will consider factors such as the age and health of the child, the emotional bond between the child and each parent, and each parent’s ability to provide a stable home environment for the child.
The law pertaining to guardianship and regulating the custody of children in Pakistan is known as the Guardians and Wards Act, 1890
How is child custody decided in Pakistan?
Child custody disputes are decided by the court having jurisdiction in the case. The application for guardianship should be made under the provisions of the GWA (Guardians and Wards Act 1890)(No VIII) to the court having jurisdiction in the case. And the illegal child custody in Pakistan can be taken back by the guardian court by filing contempt of court or filing habeas corpus Petition, under section 491 Cr.P.C
Are there any restrictions on who can adopt a child in Pakistan?
There is no specific law regarding the adoption of a child in Pakistan; however, there are some restrictions on who can adopt a child. Prospective adoptive parents who are non-Muslim may not be appointed guardians of Muslim children and non-Muslim children may not be adopted by Muslim families. Additionally, destitute and neglected children can only be adopted from child protection centers.
