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Family Laws of Pakistan

Family Laws of Pakistan mainly revolve around the Muslim Family Law Ordinance, 1961, The Guardian and Wards Act, 1890, The Dissolution of Muslim Marriages Act, 1939  and the Procedural law i.e The Family Courts Act, 1964.

The Muslim Family Law Ordinance, 1961  provide substantive law regarding Succession, Registration of marriages,  Polygamy,  Talaq,  Dissolution of marriage otherwise than by talaq, Maintenance and Dower etc.

The Dissolution of Marriages Act, 1939 was enacted clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law and to remove doubts as to the effect of renunciation of Islam by a married Muslim woman on her marriage.

The Guardian and Wards Act, 1890 provides remedies regarding Custody of minors and provide visitation rights to non-custodial parents and appointment of Guardian of minors.

The Family Courts Act, 1964  provides procedure relating to all family Laws and to some extent substantive law also relating to other family issues. The main area of law are as follows:-

  1. Dissolution of marriage including Khula
  2. Dower.
  3. Maintenance.
  4. Restitution of conjugal rights.
  5. Custody of children and the visitation rights of parents to meet them.
  6. Guardianship.
  7. Jactitation of marriage.
  8. Dowry
  9. The personal property and belongings of a wife and a child living with his mother
  10. Any other matter arising out of the Nikahnama.

The Muslim Family Courts Act, 1964  also have jurisdiction to try the under mentioned offences notwithstanding anything contained in the code of Criminal Procedure Code, 1898. Offences and aid and abetment thereof under Section 337A (i), 337F (i),341, 342, 343, 344, 345, 346, 352 and 509 of the Pakistan Penal Code (Act XLV of l860).

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