Father is liable for maintenance of his minor children

Father is liable for maintenance of his minor children. No matter with whom the children reside, father is liable to maintain them according to his financial standards. If the father is rich then he has to give more maintenance, if the father is poor then the maintenance amount will be less.

Even if the mother is a working lady, its not her liability to maintain children. She is only liable to maintain herself and not her children. Similarly if the father is jobless even then he is liable to maintain his children for their basic food and clothing no matter from where he manages to arrange an amount for that.

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Custody of Minor Children will go to mother

The custody of minor children in the tender ages i.e. under two years of age goes to mother. It is almost impossible for a father to get child custody in tender ages in cases of disputes.

The custody of male children under the ages of 7 years also go to the mother as her entitlement. However if a mother contracts second marriage or if she is of immoral character then she is not entitled for legal custody of children.

The female minors remain under the custody of mother till they reach the age of puberty. Exception to this rule is same that if the mother contracts second marriage or if she is of immoral character then she loses her entitlement to such custody.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer

Procedure of Conversion to Islam

If a person like to convert to Islam in Pakistan, the procedure is simple. That person has to recite kalmas along with accepting the meanings of kalmas. As far as legal requirement is concerned, an accredition of such conversion is required.

Such an accredition is possible only through a recognized mosque or institution. For example in Islamabad there are few institutes and mosques that recognize such conversion of religion. Some of there include Dawah Academy located at Faisal Mosque, Lal Masjid located in Sector G-6 and so on.

There is an application form which has to be filled by the person accepting Islam. When that form is filled, it is filed at the prescribed forum and processed accordingly for such acceptance of religion.

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

Court Marriage with a Foreign National

Court marriage with a foreign national is possible under Pakistani law. In that case the groom's original ID Card and the bride's original passport will be required at the time of marriage. The other requirements include presence of two male witnesses along with original id cards and 4 pictures each of the bride and groom.

In case if the bride or groom is previously divorced, then their divorce certificates are required. Similarly if the groom is married with a marriage in tact with first wife and is contracting second marriage then permission from concerned Arbitration Council is also required.

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

Court Marriage with a Christian

Under the Pakistani Law, court marriage with a christian can be contracted. A muslim male can contract court marriage with a christian female. If both the male and female are Pakistani Nationals, then the girl should be at least 16 years old while the guy should be at least 18 years old.

If the girl is foreign national, the marriage can still be contracted. A foreign national should bring original password at the time of marriage and provide the required copies accordingly.

Muslims can be witnesses in the court marriage of a christian. If the christian wife like to convert to islam then she can be converted before the marriage. However, in that case an accreditation from qualified institute/mosque is required in that case.

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

Second marriage permission in Nikahnama

There is a procedure mentioned to take permission from Chairman Arbitration Council in the Muslim Family Laws Ordinance 1961. In practice most people don't prefer to go through such procedure as its unislamic and it has complications in proceedings.

One of the best ways is to take permission of second marriage in the Nikahnama from wife at the time of marriage. It seems almost impossible as families do not appreciate such legal and islamic right of husband in Pakistani culture.

However, if a person manages to take such permission he gets secure one way or the other in later life if he contracts second marriage.

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

Divorce by Mutual Consent

Divorce is something that is not good. However, in relationships there r times when spouses decide that they cannot move ahead by any means further. In such like circumstances divorce by mutual consent is probably the best way out.

It is called Talaq-e-Mubarat in Islamabad. In this kind of divorce both husband and wife mutually decides to end the relationship of marriage. Procedure of Talak-e-Mubarat is almost same as of normal divorce.

Instead of signing divorce deed, the parties sign a Mubarat Deed. Case is filed in the concerned Arbitration Council. There are three reconciliation proceedings each after almost a month. Both the husband and wife record their statements that they do not like to continue relationship.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer

Where divorce case is filed?

A divorce case is filed where the wife resides. For example if a wife resides in Lahore, case will be filed there. If she resides in Islamabad, case will be filed in Islamabad. If the whereabouts of wife are not known then case can be filed where the Nikah got registered.

If a wife does not appear in the reconciliation proceeding in a divorce case, it can be proceeded ex-parte. In such a case there will be newspaper proclamation at the end of proceeding followed by issuance of divorce certificate.

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

Giving someone threat is an offense

It is not legal to threat someone, rather it constitutes an offense of Criminal Intimidation which is mentioned in section 506 PPC. If a simple threat is given to someone then it is covered under the provisions of section 506 (i) PPC and its punishment is 3 years.

Similarly if someone is given life threat then such a threat is covered under the provisions of section 506 (ii). Such offense is punishable with an imprisonment of 7 years. If someone is threatened on telephone then section 25-D is also added in the list of offenses.

Whenever a person is threatened by anyone, such person shall reach the nearest police station without any delay and report the incident for proper criminal action against the culprit so doing it.

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Regards,
Salman Yousaf Khan (Golra)
International Criminal Lawyer

Jurisdiction of Habeas Corpus

Habeas Corpus is a petition filed to recover someone from illegal confinement. It is filed in the Session Court of the District where the confinee is illegally kept. The concerned SHO of the concerned police station is made party in this petition.

Procedurally when a Habeas Corpus petition is filed, the Sessions Judge give direction to the concerned SHO to recover the detainee and report it to the court within a day. On that the concerned SHO raids the location whereby the detainee is reportedly kept and if found brings the detainee to the court of law.

The statement of detainee is recorded in the court and if found that the same person was illegally detained then he/she is handed over to the person filing the petition.


For proper consultation regarding Habeas Corpus you can consult at lawyergolra@gmail.com

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

Difference between Khula and Divorce

Divorce is the right of man while khula is the right of woman. A man can divorce his wife while a woman can take khula from her husband. The man can exercise his right directly while a woman cannot be granted khula unless the Qazi (Judge) is satisfied.

There are few grounds of Khula which include non maintenance of husband, impotency, cruel treatment, leading the wife to immoral life, etc.. Above all these grounds it is settled principle that if a wife hates her husband then hateful union cannot continue and Khula is usually granted on this ground.

A wise lawyer knows exactly which grounds to apply and which not to invoke in a particular case of khula. Similarly if a man exercises his right of divorce, he has to follow the legal procedure of divorce as mentioned in section 7 of Muslim Family Laws Ordinance 1961.

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

What to do if father kidnaps the child

A father cannot kidnap his child because he is a natural guardian. Similarly a mother cannot kidnap her child because she is a natural guardian. So in the absence of any court proceedings if a father takes away his child, a criminal case cannot be registered against him.

If there is a fear that any person has illegally confined the child and he/she may cause any harm to the minor child then the best remedy is to file Habeas Corpus petition. Similarly if during the court proceedings such incident happens, then a petition for issuance of section 100 warrants can also be filed in the Trial Court of Guardian/Family Judge.

If a court orders the custody or guardianship of child in the favor of one parents and the other violates such court order, then contempt of court proceedings can be initiated against such person. Also the above mentioned remedies can be availed in such circumstances.

For more queries regarding guardianship or custody you can contact lawyergolra@gmail.com

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

Father is bound to pay maintenance irrespective of mother's income

If minor children reside with their mother and she has good resources to maintain them, that does not end the liability of father to maintain his children. A father is liable to maintain his male child until the age of 18 years. Similarly he is liable to maintain his female children until she gets married.

The liability of father cannot end if the mother of children has good job or other source of income to maintain the children. The father can only be relieved from such liability if the mother of children refuse to take any maintenance from father for any reasons.

The maintenance of minors include their living expenses, study expenses, food expenses and other miscellaneous expenses. They differ from person to person in different circumstances. That is why the Guardian Courts have discretionary powers to determine the maintenance allowance of minors when their jurisdiction is invoked in such like matters.

For more queries on maintenance of minors you can consult lawyergolra@gmail.com

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

Haq Mehr not on the name of Bride

If some property is given to a wife as Haq Mehr and is not on the name of wife, she can obtain it through legal process. Haq Mehr is the right of wife which is like a loan on husband if its deferred. There is conflict of opinion regarding the deferred dower.

According to some jurists a wife can demand deferred dower anytime from her husband while some other jurists are of the opinion that a wife cannot claim deferred dower with marriage in tact. However, it is settled that if a husband divorces his wife, then she is entitled to receive deferred dower.

A common practice is that some people give property as dower amount to wife which is not in their name or is not owned by husband at the time of marriage. In such like circumstances the right of wife cannot be denied. If she claims haq mehr later from husband and is not executable by any means then she is entitled to receive amount equal to the value of such property.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer

List of Witnesses in Criminal Cases

The list of witnesses is provided by prosecution in criminal cases. Usually a list of witnesses along with challan is forwarded to the prosecution department by the SHO of the concerned police station which is further forwarded to the trial court by the prosecution department.

When list is not given, the names of witnesses are mentioned in the challan and the same are summoned in the court at the time of evidence. If a witness is not mentioned in the list provided by the prosecution or in the challan then he can be summoned to the court also on an application by either of the parties.

However, if a person is not a private witness and is not mentioned in the list then such person will be treated as court witness which will be cross examined by both the parties in the court.

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

Divorce does not happen merely through preparation of papers

Sharai divorce happens even if its pronounced verbally. However, legally a person has to file case of divorce for obtaining divorce certificate. The case runs for 90 days with atleast 3 hearings for arbitration. If the arbitration process fails on all hearings then the case ends up in divorce.

If one party files the case and the other party does not appear then at the end of case a newspaper proclamation is published before the issuance of divorce certificate.

A divorce case is normally filed under section 7 of the Muslim Family Laws Ordinance 1961. However, under section 8 the wife can proceed if she has the right of talaq e tafweez according to column 18 of the Nikahnama. Wife can also file case of divorce in case if divorce papers are sent by the husband.

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

Conviction without substantial evidence is not possible

One of the basic principles of criminal law is that the conviction of accused is not possible in the absence of substantial evidence. Substantial evident is the one which itself is of convicting nature. If evidence is corroborative or contradictory then conviction is not possible.

If in a case there are photocopies of documents and original documents are not presented at any forum, on such evidence conviction of accused is not possible. Reliance should be made on the original documents for conviction of accused.

It is the duty of prosecution to prove its case beyond the shadow of any doubt. The absence of substantial evidence creates doubts and benefit of doubt goes to accused in such circumstances.

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Regards,
Salman Yousaf Khan (Golra)
International Criminal Lawyer

There is no second appeal in family cases

Once a family case is decided by any competent family court, there is remedy of appeal in some cases. Such cases are mentioned in section 14 of the West Pakistan Family Courts Act, 1964. For example if a family court decrees khula, there is no appeal to such decree and appeal in such like cases is barred under the law.

Similarly once a case is appealed in the appellate court and decided, the remedy of second appeal is not available in such like circumstances. Similarly revision is not filed against the final decree and judgment of the family court and the court of appeal.

When there is no remedy available, the constitutional jurisdiction of High Court can be invoked under article 199 of the constitution of Islamic Republic of Pakistan. That is the only remedy for redressal of grievance.

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

Grandmother takes the position of Father in his absence

When father of child dies, becomes incapable of custody or is outside Pakistan, Grandmother takes the place of father of child. According to the Guardians and Wards Act 1890 she stands no where. However according to Islamic law and the settled principles of superior courts of Pakistan she has rights.

In such like circumstances mother has the first right of custody of child. After mother the maternal grandmother holds the legal right of custody. After maternal grandmother the paternal grandmother can be the guardian of child. However if the real mother and real maternal grandmother are not ineligible to look after the child in any manner then the paternal grandmother will never be given custody of the child.

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

There is no Iddat when marriage is not consummated

When there is Nikah between spouses but marriage is not consummated then there is no Iddat in case of divorce. In normal circumstances when there is Nikah and marriage is consummated, there is a period of 90 days called iddat in case of divorce.

In normal circumstances when a husband pronounces divorce to the wife, she has to wait for 90 days for the completion of divorce. In these 90 days parties mutually have right to reconcile the divorce. This procedure is enacted in Pakistan legal system because of which divorce procedure takes at least 90 days for completion.

On the other hand when wife is divorced before consummation of marriage then there is no Iddat. Divorce Certificate can be issued within one day on the date of filing.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer

Taking Direction from High Court

When a person feels aggrieved because of any procedural delay or irregularity, direction from High Court can be taken against that through a Constitutional Petition. A constitutional petition is filed under article 199 of the Constitution of Islamic Republic of Pakistan, 1973.

When a person is aggrieved having no forum he/she can approach the High Court under the provisions of article 199. A constitutional petition is often called as Writ Petition because there are five kinds of Writs in the content of the Article.

When a direction is given by the High Court under the constitutional petition to any institution or court, it is generally followed.

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

Procedure on Perjury Petition

A perjury petition is filed under section 476 of CRPC. The purpose of this petition is to point out any irregularity or lie from the person so accused in the petition. Procedure adopted in a perjury petition is same as of Private Complaint.

A perjury petition is filed in the same court where any irregularity is alleged. It is treated as a separate case. It does not stop or effect the proceeding of the main case generally. However, if proved then the person so accused can be punished.

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

Defending a Bail Petition

Whenever a Bail Petition is filed by accused, two parties have right to defend it. One is the complainant and the other is the prosecution department. Both these parties are covered under the umbrella of State.

Notices are served to the State once bail petition is filed. Generally in practice the State is lazy in defending bail petitions. The reason is that there is deficiency of prosecutors in all over Pakistan. Where there are prosecutors available, they mostly have lack of interest in doing the hard work for defending bail petitions in which they don't have any specific interests.

A complainant has the right and interest to defend bail petition generally. He/she can engage counsel and represent his version in the court as required.

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

Haqooq e Zojiat Case

Its a kind of Family Case having different names in practice. Its legal name according to the West Pakistan Family Courts Act 1964 is "Suit for Restitution of Conjugal Rights". However in most of Pakistan it is famous as "Bazu Dawa", "Haqooq e Zojiat" and "Zan Ashoi" Case.

As the name suggests this case is filed for the purpose of exercising the matrimonial rights which are denied by one of the spouses. On passing of decree the court has to decide whether the defendant should be ordered to live with the plaintiff or not.

A fact is that no one can be forced to live with the other person against his/her will. In this context a restitution suit always has weak footings. The most common benefit of filing this suit is that if a wife refuses to live with her husband, she loses her entitlement to maintenance.

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