Question :

Assalam alaikum,

My name is ……………, I lived in Pakistan for the last few years with my wife and I am a POC card holder. I was forced to move back to the US, so I am writing to ask if you can provide remote assistance in this matter.

My wife and her mother committed a very serious crime against me, and it forced me to flee the country recently.

They did this right after my wife’s pregnancy reached viability. She is still pregnant and will give birth to my son in less than 3 months, and I strongly believe he will be in danger as long as he is with her.

Primarily, I need to begin pursuing full custody of my child as soon as I can. I do not know how this works with a newborn child, or a newborn, but I would like to get the process started.

I would also like to know what criminal recourse I have for what they’ve done, but I am unsure whether or not I want to pursue them.

If you could provide me a quotation for your services, I would greatly appreciate it.

Allah hafiz,

 

Answer:

  1. Assalam-u-Alaikum, Thank you for reaching out to us at Paklawyer.com. We understand the urgency and complexity of your situation, and we are here to assist you. Regarding your case, the following steps and considerations are important: 1. Custody of Your Unborn Child: In Pakistan, the custody of a newborn child is generally granted to the mother, considering the child’s tender age. However, you can file a custody case under Section 25 of the Guardian and Wards Act, 1890. You will need to provide substantial evidence to prove that the mother is unfit to have custody, particularly if you believe the child’s safety and welfare are at risk. The court prioritizes the welfare of the child above all else, and any evidence of danger to the child will be critical. 2. Legal Recourse Against Your Wife and Mother-in-Law: If you wish to pursue criminal charges, you may initiate legal proceedings by filing an FIR (First Information Report) against your wife and her mother for any criminal actions they committed. It would be helpful to document and preserve any evidence you have of their wrongdoing, including messages, recordings, or witnesses. If the crime involved severe offenses, we can guide you on initiating criminal proceedings under the applicable sections of Pakistani law. 3. Remote Legal Assistance: As you are currently residing in the United States, we can represent you remotely in Pakistan for all legal proceedings, including filing for child custody or pursuing criminal cases. For custody cases, you will need to provide an Authority Letter and a Power of Attorney duly attested by the Pakistani Embassy/Consulate in the U.S. We can also coordinate with you to ensure your concerns are adequately addressed during hearings. 4. Quotation for Our Services: Our fees will vary depending on the nature and scope of the case(s) you decide to pursue. We will provide a detailed quotation once we have a better understanding of your specific needs and the documentation involved. We recommend that you gather all relevant documents, including your marriage certificate, POC card, evidence of wrongdoing, and any other material that supports your claims. Once we have these details, we can proceed with a concrete legal strategy. Please feel free to contact us directly for a detailed consultation. You can reach us at our office in Lahore or via WhatsApp +92 321 4610092 or /Email; ask@paklawyer.com for remote assistance. We assure you of our utmost dedication to protecting your rights and the welfare of your child.

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