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.
For more you can consult lawyergolra@gmail.com
Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880
Tuesday, 26 June 2018
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.
For more you can consult at lawyergolra@gmail.com
Regards,
Salman Yousaf Khan (Golra)
International Criminal Lawyer
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.
For more you can consult at lawyergolra@gmail.com
Regards,
Salman Yousaf Khan (Golra)
International Criminal Lawyer
Monday, 25 June 2018
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
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
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