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Family Laws In Pakistan

family laws in Pakistan

Family laws in 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

provides 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

It was enacted to 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 the renunciation of Islam by a married Muslim woman on her marriage.

The Guardian and Wards Act, 1890

It provides remedies regarding Custody of minors and provides visitation rights to non-custodial parents and appointment of guardians of minors.

The Family Courts Act, 1964 

provides procedures relating to all family Laws in Pakistan 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 has jurisdiction to try the under mentioned offenses notwithstanding anything contained in the code of Criminal Procedure Code, 1898. Offenses 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).

Our Law firm is  providing legal advice and representation in family cases including divorce, Khula, domestic violence, child custody, child support, recovery of dower, recovery of maintenance of minor , recovery of maintenance of wife , recovery of Haq Mehar / Dower, separation agreements, compensation and , adoption, visitation rights and other legal issues arising  between families.

Our firm makes utmost efforts for the reconciliation between parties as per family laws of Pakistan and after its failure, we try our best to protect your interests in a better way.

We are facilitating the litigants with the aim that once our client has engaged us to contest his/her case then he /she must not be worried about the case.

Relevant  Statutes / Family laws of Pakistan :

Guardians and Wards Act of 1890
Child Marriage Restraint Act of 1929
Dissolution of Muslim Marriages Act 1939
Muslim Family Law Ordinance 1961
( West Pakistan ) Muslim Personal Law ( Shariat ) Application Act of 1962
( West Pakistan ) Family Courts Act 1964
The offense of Zina (Enforcement of Hudood ) Ordinance 1979
Law of Evidence ( Qanun-e-Shahadat ) Order 1984
Enforcement of Sharia Act 1991
Dowry and Bridal Gifts (Restriction) Act 1976
Prohibition (Enforcement of Hudood ) Order 1979
Offense of Qazf (Enforcement of Hudood ) Order 1979
Execution of Punishment of Whipping Ordinance 1979

Laws of Pakistan Concerning Muslim Marriages

Under-age Marriages

The Child Marriage Restraint Act of 1929 has made under-age marriages a penal offense. Under the Act, the minimum age of marriage for a male is 18 years whereas the minimum age of marriage for a female is 16 years. Despite the fact that under-age marriages are liable to punishment, such unions are not rendered invalid.

Consent of Wali

According to the Hanafi school, an adult woman may contract her marriage without the consent of a wali.

Registration of Marriages

The Muslim Family Laws Ordinance (MFLO) 1961 introduced reforms regarding the registration of marriages, and in default of such registration, penalties of fine and imprisonment have been prescribed. Nevertheless, Muslim marriages are still legal and valid if they are performed according to the requisites of Islam.

Polygamous Marriages

MFLO has also introduced some reforms in the law relating to polygamy. Now, a husband must submit an application and pay a prescribed fee to the local union council in order to obtain permission for contracting a polygamous marriage. Thereafter, the chairman of the union council forms an arbitration council with representatives of both husband and wife/wives in order to determine the necessity of the proposed marriage. The application must state whether the husband has obtained the consent of the existing wife or wives. Contracting a polygamous marriage without prior consent is subject to penalties of fine and or imprisonment and the husband becomes bound to make immediate payment of dowry to the existing wife or wives. Nonetheless, if the husband has not obtained the consent of the existing wife or wives the subsequent marriage remains valid.

we the PAK LAWYER are well equiped with the best family lawer in Lahore and family court lawyer having years of experience in family law cases.
if you have any case feel free to CONTACT.

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