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