On failure of reconciliation Court is bound to pass decree

A family court is bound to pass decree for dissolution of marriage on the basis of Khula on failure of pre-trial reconciliation proceeding. Family Courts in Pakistan do not have powers to proceed further with cases of Khula once reconciliation between parties fail.

According to the provisions of Section 10(4) of West of Pakistan Family Courts Act 1964 the Family Judge is bound to pass decree on the failure of reconciliation between parties. There are few steps involved in every family case.

A good thing about family cases is that there is pre-trial reconciliation proceeding in it. This step comes after the filing of written statement by the defendant. No court can bypass this step and no court has powers to proceed further in cases where parties do not agree to reconcile at this stage.

For any query on family laws in Pakistan you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

Remedy against frivolous Applications at Police Stations

A common malpractice among people is that some criminal minder people file frivolous applications at police stations to harass innocent people. In such like circumstances the innocent people have to visit police stations once or several times. Similarly if any criminal case is registered then they have to approach court of law for bail and later criminal trial in bogus cases.

An aspect is that no one can be stopped from approaching the police station and filing an application. However, legally a frivolous application can be addressed very strictly. According to the provisions of section 182 of Criminal Procedure Code, the SHO has powers to initiate criminal proceedings against a frivolous applicant in such like circumstances.

A practice is that an injunctive order against such frivolous applicant can also be taken from appropriate court against harassment. For more you can consult lawyergolra@gmail.com

Regards,
www.internationalattorney.info
+92-333-5339880

Stay Order against Harassment

If a person is harassed by the act or omission of any other person, an injunction can be taken against the person or persons causing such harassment. Forum for taking such stay order differs from case to case.

Generally speaking stay order against harassment is taken from Civil Court as its the court of original jurisdiction. However, in practice most stay orders against administrative institutions and statutory organizations are taken from High Court under the provisions of Article 199 of the Constitution.

If you have any such query you can consult at lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Constitutional Lawyer
+92-333-5339880

Power of Attorney in Family Cases

Power of Attorney can be used in Family Cases. According to Section 18 of the West Pakistan Family Courts Act 1964, a pardanasheen lady can give power of attorney to her agent to appear on her behalf in the family court.

Every lady is deemed to be a pardanasheen lady unless proved contrary. Hence this provision of law empowers the women to appoint their attorneys that can represent them in the court proceedings before family judges in Pakistan.

In practice men also appoint their attorneys in cases where they are unable to attend court proceedings in person. The reason is that the general principles of civil law are applicable on family courts in Pakistan.

For more contact lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

Special Power of Attorney

Special Power of Attorney is a document by virtue of which a person has special powers given to be used in special circumstances. The person giving power of attorney is called the principle while the person taking such power of attorney is called the agent.

Power of Attorney can be classified into two types. The General Power of Attorney and the Special Power of Attorney. General Power of Attorney gives vast powers to the agent. For the same reasons it includes difficult registration process and heavy costs of its registration.

Special Power of Attorney is generally easy to execute with having very less expenses involved in its registration. A most common type of Special Power of Attorney is the Special Power of Attorney for litigation purposes in which the principle appoints an agent to sign documents and pursue cases on his/her behalf in the court

For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Lawyer
+92-333-5339880

Court is not bound to wait for subsequent challan

The police is bound to submit police report under section 173 of Criminal Procedure Code within 14 days after the arrest of accused. Three days grace period can be given to concerned I/O in the late submission of Police Report.

The police report submitted under section 173 of CRPC is called challan. It shows the completion of police inquiry.

A court is not bound to wait for the arrival of a subsequent challan while proceeding in a criminal trial. Once a challan is presented in the court, the court can proceed with the trial of case. Police can investigate the matter as long as it is not decided by the court.

However, police has no control over the court. The Judge is not bound to wait for any proceeding on police in the matter as the court has to take its own course in accordance with law.

For more you can contact lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880

Suits against multiple defendants

Plaintiff is the person that files a case while defendant is a person against whom a case is filed. There can be multiple plaintiffs and multiple defendants in a case.

A suit against multiple defendants is a civil case in which there are number of persons against whom relief is sought. In such like circumstances the plaintiff has to serve summons to all the defendants separately.

Even if different defendants in a case have same address, the plaintiff has to serve them summons separately. Each defendant has to right to defend himself separately in the case. Case proceeding can be different against different defendants depending upon the relief sought in the plaint.

For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Civil Lawyer
+92-333-5339880

Objections cannot be entertained where decree is for money

Generally speaking in most of the cases, the execution of any decree is possible under the provisions of order XXI of Code of Civil Procedure 1908.

According to the provisions of Order 21 Rule 23-A of Code of Civil Procedure 1908 the judgment debtor has no right to file objections in the execution of decree when the decree is for recovery of money from judgment debtor.

The only circumstance in which the Judgment debtor can be allowed to file objections is that the judgment debtor has to submit the payment due on him/her in the court before filing objection. That way the court can decide whether the same payment has to be handed over to the decree holder or not.

For more information you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Lawyer
+92-333-5339880

An order remains in field unless set-aside

An order passed by a competent court remains in field unless it is set-aside or executed. An order passed by any competent judge does not end up automatically unless the order states so. Generally speaking if a judge passes an order in any case, compliance of the same is binding on the parties.

The order remains in field unless it is recalled by the judge. Every court has inherent powers of reviewing an order. So a court can set-aside its order on its own motion. However, if the order is not set-aside, the court is bound to implement it by way of its execution.

For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Lawyer
+92-333-5339880

NGO Registration Procedure in Islamabad

There are four ways to register a Non-Government Organization in Islamabad. These ways are separately dealt under different statutes. The easiest way to register a NGO is by registering a Trust. The process of Trust registration is comparatively easy and less time consuming.

A trust is registered under the Trusts Act 1882. For the registration of Trust, 4 persons are required. Three of them make the board of Trustees while the fourth one is author. These has to be an office of Trust located within Islamabad. A recent electricity bill of the office and the proof of its ownership is required.

For proper consultation on NGO registration you can contact lawyergolra@gmail.com or call at +92-333-5339880

Regards,
Salman Yousaf Khan (Golra)
NGO Lawyer
+92-333-5339880

Solution to corrupt investigation by Police

It often happens that the police investigates a criminal case very poorly. The reason is that the investigation officer is the person on whom the entire investigation is dependent. It is easy for the offender and his supporters to bribe that person and get maximum favors from him in getting the poor investigation done.

In such like circumstances it is best to change the investigating officer and get the case re-investigated. Proper procedure of re-investigation is to file application before the senior officials of police. They usually replace the investigation officer and order for re-investigation of case.

If a criminal case is not properly investigated, it is hard to prove it in the court of law. Because the prosecution has to prove a criminal case beyond the shadow of any doubt. So if investigation is poor, the case has doubts and ultimately it results in poor decision.

For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880

Divorce without visiting Pakistan

A person living outside can conclude his her case of divorce in Pakistan. Personal appearance of spouses is mandatory in divorce proceedings. However the same can be dispensed through the appointment of nominee ..

In divorce proceedings the spouses can appoint their nominees that can represent them in the reconciliation proceedings in divorce cases.

There is a proper procedure of attestations required for appointment of nominee .. If that is fulfilled then personal appearance can be dispensed. For more information you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

Khula is possible without visiting Pakistan

According to section 18 of the West Pakistan Family Courts Act 1964 a pardanasheen lady can be represented through her attorney in the family court. According to the judgments of Superior Courts of Pakistan "every lady is presumed to be pardanasheen lady". Hence the interpretation of Section 18 of the Family Courts Act 1964 is that every lady can be represented through attorney in the family court.

There is no discrimination in law. Hence male litigants can also be represented through attorneys in the family courts of Pakistan. In practice mostly it happens that women are represented through their real brothers or fathers in the family courts.

Similarly if a person is residing outside Pakistan, it is not mandatory for such person to visit Pakistan. He/she can appoint an attorney and can be represented through that person in the Family Courts of Pakistan.

For more information on this topic you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

What is fard e jurm?

The word fard e jurm is the translation of legal term "Framing of Charge".

Trial in a criminal case formally starts from this step in the procedure. When fard e jurm or charge has been framed on an accused and he denies the same, he faces the trial. If he accepts the framed charge, the judge has to sentence him for conviction and no trial is required in that case.

There is a chapter on charge, its ingredients, framing, particulars and amendments in the Code of Criminal Procedure 1898.

For more information you can consult at lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880

Divorce is not possible during pregnancy

A Muslim woman cannot be divorced during pregnancy. If a husband pronounces divorce to his wife during pregnancy, it is immaterial till delivery. However, if after delivery of child, it is not reconciled within 90 days, it becomes divorce.

The reason is that the Iddah of a Muslim woman is 90 days after pronouncement of divorce by the husband. If divorce is pronounced to a Muslim wife during pregnancy, it becomes effective automatically after the end of pregnancy. The iddat of such lady starts from that day and if the divorce is not revoked in such time period of 90 days, then it becomes complete divorce.

Once a women completes her Iddat after divorce, it means the divorce is final and irrevocable between parties. For more information you can contact lawyergolra@gmail.com


Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-533988 

Accused Enjoys Double Presumption of Innocence after Acquittal

Acquittal from a criminal case means that the accused has done nothing wrong in the eyes of law. He is proved innocent during the Trial. It is immaterial whether the Trial concluded after proper evidence or the result of same came on a petition of acquittal if the end result clearly shows that the accused is innocent.

If an accused is declared innocent by any competent court, he enjoys double presumption of innocence. The remedy available to the prosecution in such like circumstances is appeal mostly. The order of Trial court can be challenged in the appellate court under the provisions of Section 417 of the Code of Criminal Procedure 1898.

However, an accused is left with almost no fear once declared innocent from the Trial Court. But a fact is that the prosecution and complainant both have the right to prove irregularities if any in the appellate court. If they are successful in any case then the Trial can be reopened or the order of Trial Court acquitting the accused can be set aside.

For more information you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Criminal Lawyer
+92-333-5339880

Article 199 of the Constitution of Pakistan

Article 199: Jurisdiction of High Court

1. Subject to the Constitution, a High Court may, if it is satisfied that no other adequate remedy is provided by law-

a. on the application of any aggrieved party, make an order-

i. directing a person performing, within the territorial jurisdiction of the Court, functions in connection with the affairs of the Federation, a Province or a local authority, to refrain from doing anything he is not permitted by law to do, or to do anything he is required by law to do; or

ii. declaring that any act done or proceeding taken within the territorial jurisdiction of the Court by a person performing functions in connection with the affairs of the Federation, a Province or a local authority has been done or taken without lawful authority and is of no legal effect; or

b. on the application of any person, make an order-

i. directing that a person in custody within the territorial jurisdiction of the Court be brought before it so that the Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or

ii. requiring a person within the territorial jurisdiction of the Court holding or purporting to hold a public office to show under what authority of law he claims to hold that office; or

c. on the application of any aggrieved person, make an order giving such directions to any person or authority, including any Government exercising any power or performing any function in, or in relation to, any territory within the jurisdiction of that Court as may be appropriate for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II.

2. Subject to the Constitution, the right to move a High Court for the enforcement of any of the Fundamental Rights conferred by Chapter 1 of Part II shall not be abridged.

3. An order shall not be made under clause (1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan, or who is for the time being subject to any law relating to any of those Forces, in respect of his terms and conditions of service, in respect of any matter arising out of his service, or in respect of any action taken in relation to him as a member of the Armed Forces of Pakistan or as a person subject to such law.

4. Where-

a. an application is made to a High Court for an order under paragraph (a) or paragraph (c) of clause (1), and

b. the making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or of otherwise being harmful to public interest or State property or of impeding the assessment or collection of public revenues, the Court shall not make an interim order unless the prescribed law officer has been given notice of the application and he or any person authorised by him in that behalf has had an opportunity of being heard and the Court, for reasons to be recorded in writing, is satisfied that the interim order-

i. would not have such effect as aforesaid; or

ii. would have the effect of suspending an order or proceeding which on the face of the record is without jurisdiction.

4A. An interim order made by a High Court on an application made to it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in Part I of the First Schedule or relates to, or is connected with, State property or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months following the day on
which it is made:

Provided that the matter shall be finally decided by the High Court within six months from the date on which the interim order is made.

5. In this Article, unless the context otherwise requires,- "person" includes any body politic or corporate, any authority of or under the control of the Federal Government or of a Provincial Government, and any Court or tribunal, other than the Supreme Court, a High Court or a Court or tribunal established under a law relating to the Armed Forces of Pakistan; and "prescribed law officer" means

a. in relation to an application affecting the Federal Government or an authority of or under the control of the Federal Government, the Attorney-General, and

b. in any other case, the Advocate-General for the Province in which the application is made.

NAB Inquiry Notice

When a person receives a notice from NAB to appear in an inquiry, it can be for two purposes:-

1. An inquiry is opened against alleged corruption of such person by the institution of National Accountability Bureau, or

2. A person's statement is required in the inquiry opened against a third person with whom such person has ever transacted

In both scenarios the persons summoned by NAB are required to appear before the concerned Investigation officer. NAB generally opens up an inquiry on the applications received by credible sources to investigate a matter.

A lawyer cannot plead the case of his client at the departmental inquiry stage. However he can be consulted for best course of action to be adopted at such stage.

Regards,
Salman Yousaf Khan (Golra)
Advocate High Court
+92-333-5339880

Divorce Process in Pakistan

According to the provisions of section 7 and 8 of Muslim Family Laws Ordinance 1961 divorce process is of three months. When divorce is pronounced, the documents have to be submitted in the relevant Arbitration/Union Council.

After that notices are served. On the dates reconciliation proceedings are conducted. There are generally three reconciliation proceedings in a divorce case. Each reconciliation proceeding is conducted once a month.

On the failure of reconciliation proceedings and on the expiry of 90 days, divorce becomes final and finally certificate of divorce is issued by the same council.

If you have any queries related with divorce, you can contact at lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880

Foreign National's Case in Family Court of Pakistan

According to the provisions of section 18 of the West Pakistan Family Courts Act, 1964 a pardanasheen lady can be represented through her attorney in the family courts in Pakistan. Definition of a Pardanasheen Lady is well interpreted by superior courts of Pakistan in some judgments in the following words that "every lady is deemed to be pardanasheen lady".

Hence it is true that the respect of women in Pakistani Legal System is too high. Further it is also well settled principle that the Family Court has to see the convenience of a woman while proceeding a family case. By virtue of the same generally women are accommodated well if they approach family courts in Pakistan.

As far as foreign nationals are concerned, they can appear through attorneys in the Family Courts in Pakistan. A practice is that in such like circumstances, there are objections raised by opponent parties regarding such appearances. Most of the times Power of Attorneys are objected and sometimes the question of jurisdiction is also raised to harass the person sitting abroad.

A better way in such like cases is that a foreign national facing any such like problem in the courts of Pakistan can visit Pakistan once and appear in the court to ratify the attorney as well as to address other objections in order to get the favorable results from court of law.

If you have any further query on this topic you can write at lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880

Value of Divorce during periods

Divorce during periods is divorce according to majority opinion .. According to minority opinion it is not divorce as a woman should be clean at the time of pronouncement of divorce according to their opinion.

Divorce is not a joke in islam. Even if divorce is given in joke, it is considered divorce. Even if some words are spokem in the meaning of divorce then it is equal to divorce. So we have to be very careful in relationships.

If single talak is pronounced during periods, it can b revoked through ruju after periods. If its pronounced twice during periods then it can also b revoked .. However if its pronounced three times then its talak e bayn and is not revokable according to minority opinion ..

A better option is to end relationship that has doubts in it rather than living in a relationship of zina .. For expert opinion on any related case you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880

Value of 3 Divorces in Pakistan

Three divorces in one tuhr are controversial in islam .. There are three kinds of divorces in islam.

1. Talaq e Ahsan .. Its a single divorce that ends up in complete divorce on the expiry of 90 days ..

2. Talaq e Hassan .. Its a single talaq in every tuhr that becomes divorce on completion of 90 days from first pronouncement ..

3. Talaq e mubarat .. Its divorce with consent of both parties ..

Talaq e bayn is the fourth kind of divorce in which the husband verbally pronounces 3 divorces in one tuhr.. Majority of fuqha don't accept this divorce .. However it was practiced in the era of Hazrat Umar Farooq RZA and is accepted by ahnaf for the same reasons ..

In Pakistani legal system talaq process is of three months no matter how many times divorce has been pronounced ..

Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880

In case of second marriage, Guardianship does not transfer automatically

It is settled principle that a mother is not eligible for the custody of minor if she contracts second marriage. This principle is extracted from Islamic Shariah and is applicable on the courts of Pakistan. However, a fact is that the Guardianship Courts in Pakistan are governed by two statutes mainly. One of them is the Guardians and Wards Act, 1890 while the other is the West Pakistan Family Courts Act, 1964.

The West Pakistan Family Courts Act 1964 and the West Pakistan Family Courts Rules are the procedural laws governing the procedure of guardianship cases. Similarly the Guardians and Wards Act 1890 is the main enactment under which the Guardian Judges are bound to decide Guardianship Cases.

According to the provisions of the Guardians and Wards Act 1890 the Guardian Judge has to give paramount importance to the Welfare of Minor before deciding Guardianship Petition. That is the basic criterion. For more consult at lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Guardianship Lawyer
+92-333-5339880 

A family case shall be decided within 180 days

According to section 12-A of the West Pakistan Family Courts Act 1964, the family judge shall decide a family case within 6 months. Generally, majority of the family cases are decided within this stipulated time. However, few cases are not dealt in the manner prescribed by law because of many reasons.

In case if litigation in a family suit takes more than 180 days time, the litigant should approach the High Court immediately without wasting any time. In routine matters, High Court easily give direction for disposal of family suits within a month or two in cases where the litigation runs more than 6 months.

If you case is pending for more than six months, do contact us at lawyergolra@gmail.com for proper assistance.

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880 

Remedy against the order of 7-11 application

There are two different remedies available against the order of 7-11 application. An application under order 7 rule 11 of CPC is filed for the rejection of plaint. There are 4 grounds mentioned in the statute on which the civil judge has powers to reject the plaint.

Once a plaint is rejected, it is deemed to be a decree deciding the case. In such like circumstances the remedy is of appeal. The person deprived of the decision of rejection of plaint can approach the court of district judge in 1st appeal under section 96 of CPC for the redressal of grievance.

In the other case, if the application is dismissed and the plaint is not rejected, it cannot be termed as a decree and the relief in such like cases is different. In case of dismissal of application under order 7 rule 11 of cpc, the remedy is of revision.

For filing revision, the aggrieved person has a limitation of 90 days as prescribed under section 115 of CPC. Similarly in case of appeal, the limitation is of 30 days. For more you can always consult at lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Civil Lawyer