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.

For more you can consult lawyergolra@gmail.com

Regards,
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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Regards,
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.

For more on court marriage you can contact lawyergolra@gmail.com

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.

For more you can consult lawyergolra@gmail.com

Regards,
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.

For more you can consult lawyergolra@gmail.com

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.

For more you can consult lawyergolra@gmail.com

Regards,
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.

For more queries you can consult lawyergolra@gmail.com

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.

For more queries you can consult lawyergolra@gmail.com

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

Regards,
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.

For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer