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.

For more you can consult lawyergolra@gmail.com

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