Question :

If a person is living abroad married here in Pakistan and he has done second marriage there without the permission of his first wife (who is living in Pakistan) what legal action can be taken against such a person. Moreover his Pakistani wife is pregnant as well and he is not sending any money for her medical expenses either. Which law bounds him to pay for her expenses and what can be done if he fails to do so. Further, if the wife desire to get divorce in such circumstances what can be done to guarantee custody of the child to be born ?

Answer:
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  1. Gull Hassan Khan

    01/11/2019

    1. Second marriage in Pakistan without permission of Arbitration Council is not allowed and if anybody does the same he may be sentenced up to one-year imprisonment and up to five lac fine. If you have proofs of his second marriage, you may file a complaint before family Court in Pakistan and may also inform the embsayy of that country.

    2. Yes, a wife is entitled to maintenance of herself and also for her child under section 9 of Muslim Family Laws Ordinance, 1961. Husband or father of minor is bound to maintain his wife and child in any situation.

    3. Yes, definitely csutdy of minor remains with mother in such cases and father remains responsible for maintenance of a minor.

    4. She may seek divorce at any time before the court on this Ground i.e second marriage of husband or on the basis of khula.

    for more information call us @ +92 321 4610092 or email at ghkmayo@paklawyer.com.

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