Pakistan Lawyer help desk

Who is Chairman Muslim Family Laws Ordinance, 1961?

Chairman: the Chairman of the Union Council or a person appointed by the Federal Government in the Cantonment areas or by the Provincial Government in other areas or by an Officer authorised in that b...

What is Polygamy?

Muslim Family Law Ordinance 1961, According the Section 6 (1) No man, during the subsistence of an existing marriage, shall except with the previous permission in writing of the Arbitration Council, c...

How to define the Talaq?

(1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the chairman a notice in writing of his having done so, and shall supp...

How to pay Dower?

The mode of payment of dower are specified in the nikahnama or the marriage contract, the entire amount of the dower shall be presumed to be payable on demand. If the wife be pregnant at the time ta...

What is Divorce?

The Law of Pakistan entitles. a woman to exercise the right of divorce as oppose to filing for 'Khula' before a. Family Court but as a common practice, the marriage contract is prepared in advance and...

What is Succession according to Muslim Family Laws Ordinance, 1961?

In the event of death of any son or daughter of the porositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stripes...

How does a man give Talaq?

Talaq is the unilateral right of the man to divorce his wife. He can do this either verbally or in writing. This FAQ is prepared by Sadia Saman Advocate

How to pronounce Talaq?

According to the Muslim Family Laws in Pakistan, there are various ways that a divorce can be affected between the parties to a marriage contract. The first and most common method to divorce is when t...

Is Muslim Marriages a civil contract?

A Muslim Marriage is a civil contract, which can be executed and dissolved like any other contract; however it is automatically dissolved on the death of either of the spouse. Moreover, Islam also rec...

Is triple TALAQ is valid?

The Supreme Court declared talaq-e-biddat unconstitutional and not an essential part of Islam. But triple talaq was not banned. It is still legal and valid. This FAQ is prepared by Sadia Saman Advoc...

Q: In Pakistan what are the terms used to identify the parties in a divorce proceeding?

A: The party filing the suit is called the “Plaintiff”, while the other party to the divorce proceedings is referred to as the “Defendant”.

Q: What are the ways marriage can be dissolved in Pakistan?

A: Marriage can be dissolved in any of the given ways i.e. divorce by the husband at his will without the intervention of a court commonly called a “Talaq”; by mutual consent of the husband and wife, ...

Q. What is meant by “Khula”?

A: Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through intervention of the court. A woman seeks a “khula” while man gives a “Talaq”.

Q. What is the procedure to obtain “Khula” (dissolution of marriage) in Pakistan?

A: If wife is not delegated the right of divorce in her nikanama (marriage contract form) then she would apply for khula in the court. When the wife files a suit for dissolution of marriage the court ...

Q. After obtaining khula decree from the court is dissolution of marriage is complete?

A: No, after obtaining Khula decree from the court you need to file an application before the Chairman Arbitration Council/Union Council of your jurisdiction for obtaining dissolution of marriage cert...

Q: Can a wife be delegated right of pronouncement of divorce?

A: Yes, wife can divorce; if so delegated in the nikanama (marriage contract form) the said right is called Talak-e-Tafweez (delegated powers of divorce).

Q. What is meant by succession certificate?

A. This certificate is issued by a court of competent jurisdiction, which establishes the ownership of the legal heirs regarding movable assets i.e. deposits in the banks, shares, certificates and bon...

Q. Is Succession Act, 1925 applicable to whole of Islamic Republic of Pakistan?

A. Yes, Succession Act, 1925 is applicable to whole of Pakistan. This FAQ is prepared by Christopher Charles

Q. What are the legal requirements to obtain succession certificate in Pakistan?

A. You need certified death certificate of the deceased along with detail of subject assets, computer national identity card of the legal heirs filing the application and to furnish requisite surety. ...

Q. Is security bond is required by the court before issuance of succession certificate?

A. Yes, before the issuance of succession certificate security bond is required to be submitted to the satisfaction of the court by the legal heirs. This FAQ is prepared by Christopher Charle

Q. What procedure should legal heir/s adopt to get possession of money in the bank of deceased in Pakistan?

A. For getting possession of money in the bank, shares, insurance amount, stocks, bonds etc, a succession certificate is required under Succession Act, 1925. This FA

Q. How long should it take to obtain the Succession certificate from the court?

A. It depends from case to case; however, estimated time for getting succession certificate in case of no opposition from public is between two to three months. This FAQ is prepared by Christ

Q. Is there any time limit within which succession certificate must be obtained?

A. There is no time limit for applying to a court for issuance of succession certificate. This FAQ is prepared by Christopher Charles

Q. Is succession certificate necessary as I am the only child of my deceased parents?

A. Yes, it is necessary. This FAQ is Prepared by Christopher Charles

Q. If a shareholder who held shares in his sole name dies how his legal heir/s can get the shares transmitted in their names?

A. After obtaining a succession certificate they will apply to the company who held shares of the deceased, a request letter for transmission of shares along with copy of succession certificate, death...

Q. Can court grant more than one succession certificate to the same legal heir/s?

A. Yes, court can grant more than one certificate to the same legal heir/s? This FAQ is prepared by Christopher Charles

Q. On what grounds succession certificate can be cancelled /revoked in Pakistan?

A. Succession certificate granted can be revoked if the proceedings to obtain certificate were defective, that the certificate was obtained fraudulently by making of a false suggestion or by the conce...

Q. For movable property we need to obtain succession certificate, for immovable property what should we need?

A. You have to obtain a declaratory decree in favour of legal heirs from the court of competent jurisdiction. This FAQ is prepared by Christopher Charles

Question-: When legal heirs become entitled of shares?

Answer: On the death of the Owner, legal heirs become entitled for their due share under the law, without intervention of the court or any authority. ...

Question-: How to distribute property, if the deceased is a Sunni?

Answer: If the deceased is a Sunni, his property would be distributed among his heir according to Sunni Law. This FAQ is prepared b...

Question-: How to distribute property, if the deceased is a Shia’a?

Answer: If the deceased is a Sunni, his property would be distributed among his heir according to Shia’a Law. This FAQ is prepare...

Question-: What is Mutation?

Answer: Mutation is a document containing an order by a revenue officer; Mutation means transfer or change of title in the records in concerned property revenue, the ownership title can be t...

Question-: what is the time limitation for the filling of Inheritance Suits?

Answer: There is No time Limitation for the filling of Inheritance Suits. This FAQ is prepared by Sadia Saman Advocate

Question-: Is there any distinction in the Islamic Law of Inheritance relating to Movable or Immovable property?

Answer: There is No distinction in the Islamic Law of Inheritance relating to Movable or Immovable property. This FAQ is prepared by Sadia Saman Advocate

Question-: How many Classes of Legal Heirs?

Answer: There are three classes of heirs. Ø

Question-: If the deceased has no Sharers, how to distribute his property?

Answer: If there are no sharers the residuaries will succeed to the whole inheritance. This FAQ is prepared by Sadia Saman Advocate

Question-: If the deceased has neither sharers nor residuaries, how to distribute his property?

Answer: If there be neither sharers nor residuaries, the inheritance will be divided among such of the distant kinder as are entitled to inheritance This FAQ is prepa

Question-: Has adopted child right in property?

Answer: Adopted Child has not right in property and does not treat adoptee as heir. This FAQ is prepared by Sadia Saman Advocate

Question-: Are children of Pre –deceased Son or Daughter’s entitled to inherit the property of their grandfather?

Answer: Yes; children of Pre -deceased son or daughter’s entitled to inherit the property of their grandfather. This FAQ is prepared by Sadia Saman Advocate

Question-: If a man pronounced Talaq to his wife and he died within a week after Talaq, will the wife in iddat be entitled to inherit his property?

Answer: Talaq pronounced a week before death; wife is entitled to inherit his property, talaq having not becoming effective before expiry of 90 days whereas succession opened immediately on ...

Question: Who is Minor according to Guardian & Wards act 1890?

Answer: According to the Guardian & Wards act 1890, Minor is a person who under the provision of the Majority Act 1875, is to be deemed not to have attained his majority.

Question: Who is Guardian according to the Guardian & Wards act 1890?

Answer: According to the Guardian and Wards act 1890, Guardian means a person having the care of the person of a minor or of his property or of both his person and property.

Question: What is the meaning of Ward?

Answer: Ward, according to the Guardian and Wards act 1890, Ward mean a person or property or both there is a Guardian. This FAQ is prepared by Sadia Saman Advocate

Question: How to appointment a guardian?

Answer: A guardian appointed or declared by the Court may file application under section 7 of

Question: who is de facto guardian?

Answer: De facto Guardian has no power to transfer any right or interest of immovable property of minor. De facto guardian is merely a custodian of the person and property of minor and has no pow...

Question: Who is Testamentary Guardian?

Answer: Testamentary Guardian is appointment by way of Will or other testamentary document written by deceased parent of the minor. This FAQ is prepared by Sadia Saman Advocate

Question: who is Certificated Guardian?

Answer: A person other than a collector or a guardian appointed by Will or other instrument appointed or declared by the competent Court to be guardian is called a certificated guardian. This ...

Question: What is welfare of the Minor?

Answer: While appointing or declaring the guardian of a minor or handing over the custody of minor paramount consideration would be the welfare of minor. This FAQ is prepared by Sadia Saman A...

Question: what is the meaning of Hizanat?

Answer: The meaning of Hizanat is upbringing, in legal terminology the upbringing of a minor child by the mother or by some legally entitled to it is called Hizanat. This FAQ is prepared by Sa...

Question: When mother disqualified of her right of Hizanat?

Answer: A mother of a minor child, male or female may lose her right of Hizanat on any of the following grounds:

Question: what is the age of male child, mother is entitled for the custody in Shia Law?

Answer: under the Shia Law the mother is entitled to the custody of a male child until he attains the age of two years. This FAQ is prepared by Sadia Saman Advocate

Question: what is the age of female child, mother is entitled for the custody in Shia Law?

Answer: under the Shia Law the mother is entitled to the custody of a female child until he attains the age of seven years. This FAQ is prepared by Sadia Saman Advocate

Question: what is the status of Custody of illegitimate children under Muhammad law?

Answer: The custody of illegitimate children belongs to the mother and her relation. This FAQ is prepared by Sadia Saman Advocate

Question: Who is eligible to be a Guardian?

Answer: A guardian eligible person who is not minor and not of unsound mind. This FAQ is prepared by Sadia Saman Advocate

Question: how many kind of Guardian?

Answer: Guardians are classified as follows:

Question: A minor can be appointed as a guardian for another minor?

Answer: A minor is not competent to act as a guardian for another minor. This FAQ is prepared by Sadia Saman Advocate

Question: Can a society be appointed a guardian of minor?

Answer: A society cannot be appointed a guardian. This FAQ is prepared by Sadia Saman Advocate

Question: Explain the Court jurisdiction to entertain the application for appointment of guardianship?

Answer: Ø

Question: what is the mean by the interim custody under the Guardian & Wards act 1890?

Answer: section 12 of the Guardian & Wards act 1890, gives power to courts to interlocutory order for production of minor and interim protection of person and property. This FAQ is prepare...

Question: Duties of the Guardian?

Answer: after the death of the father, Guardian is to duty bound to bring up his ward, to give proper education, proper maintain to minor. This FAQ is prepared by Sadia Saman Advocate

Question: How many kinds of Talaq?

Answer: under the Muslim Law, there are three kinds of Talaq: Ø

Question: What is Talaq-e-Ahsan?

Answer: Talaq-e-Ahsan" is the ' form of talaq in which the husband expresses divorce in single sentence, Talaq can be pronounced in three different manners by a single pronouncement made ...

Question: What is Talaq-e-Hasan?

Answer: Tala-e-Hasan is other method of pronouncement of divorce is three Talaqs by husband during successive three Tuhrs without establishing physical relationship with wife, in any of the ...

Question: Define Talaq-e-Bain?

Answer: Talaq-e-Bain is the third way of divorce by husband is through three pronouncement made during a single Tuhr either in one sentence. This FAQ is prepared by Sadia Saman Advocate

Question: How to pronounce Talaq under the Shiyaa law?

Answer: under the Shiyaa Law, should be pronounced in Arabic Words in presence of two adult male witnesses and the wife. This FAQ is prepared by Sadia Saman advocate

Question: Is there any form for divorce in Muslim Family Laws Ordinance 1961?

Answer: There is No particular form of notice prescribed either by Muslim Family laws Ordinance 1961. This FAQ is prepared by Sadia Saman advocate

Question: What is Iddat? What do you understand by the term ‘’Iddat”?

Answer. It is a period for a Muslim woman is bound to observe after the dissolution of her marriage due to the death of her husband or by divorce before she can lawfully marry again.

Question: What is the duration of Iddat?

Answer: When the marriage is dissolved by divorce the duration of the IDDAT, if the woman is pregnant at the time, the period termination upon delivery. When the marriage is dissolved by de...

Question: Is IDDAT necessary or not in case of husband’s death or divorce for the wife?

Answer: IDDAT is necessary, if the marriage is dissolved by death of husband, if the marriage dissolved by the divorced; the wife is bound to observe the IDDAT. This FAQ is prepared by Sad...

Question: If marriage was not consummated, in this case is wife bound to Iddat?

Answer. If the marriage was dissolved by the divorce, she is bound to observe the IDDAT only if the marriage was consummated, if there was no consummation, there is no iddat, and she is free...

Question: Why IDDAT is necessary?

Answer. Iddat is necessary, for observance of iddat is the certainty of paternity. This FAQ is prepared by Sadia Saman Advocate

Question: what is Maintenance of wife?

Answer: Wife has right to receive her maintenance from her husband, husband is bound to give maintenance to his wife, when a wife performs her matrimonial duties, than is primary duty of eve...

Question: What is Maintenance in family law?

Answer: The wife or wives are entitled as of right to receive maintenance from her husband. When the husband is incapable of consummating the marriage, wife or wives are entitled to maintena...

Question: What is Dower or Mahr?

Answer: Dower or Mahr, is the consideration of marriage, is the sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage. This FAQ...

Question: Is husband liable to pay Dower?

Answer: A husband is liable to pay dower, even first day of marriage and after the dissolution of marriage. This FAQ is prepared by Sadia Saman Advocate

Question: What is Prompt Dower?

Answer: Prompt Dower, which is payable on demand. When the dower is fixed, Prompt dower is that which is promptly paid at the time of marriage or is payable on demand. This FAQ is prepa...

Question: What is Deferred Dower?

Answer: Deferred Dower, MuWajjal mean delayed or deferred, which is payable on dissolution of marriage by death or divorce

Question: Dower in Islamic Law?

Answer: In Islamic Law, Dower is a sum of money or other property which is delivered by the husband to his wife in consideration of marriage. This FAQ is prepared by Sadia Saman

Question: If a husband divorced to his Wife, and not pay the Dower amount, what is the remedy of wife, how to receive dower amount from her husband?

Answer: A divorced lady may claim her dower from the Family Court; she may file Suit for recovery of dower amount. This FAQ is prepared by Sadia Saman Advocate

Question: what is the definition of “Child” as per Child Marriage Restraint Act.

Answer: Child means a person who, if a male is under eighteen years, and if a female is under sixteen years of age. This FAQ is prepared by Sadia Saman Advocate

Question: what is the meaning of “Child Marriage”.

Answer: Child Marriage means a marriage to which either of the contracting parties is a child This FAQ is prepared by Sadia Saman Advocate

Question: Minor meaning as per Child Marriage Restraint Act.

Answer: Minor means a person of either sex who is under eighteen years. This FAQ is prepared by Sadia Samam Advocate

Question: what is the punishment for male adult above eighteen year of age marrying a child?

Answer: Male above eighteen years of age contract child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, ...

Question: Does Chid Marriage Restraint Act permit the marriage of a girl below the age of sixteen?

Answer: the said Act does not permit the marriage of a girl below the age of 16 years This FAQ is prepared by Sadia Saman Advocate

Question: If a girl, who attained puberty and marries with an adult male with her free will, the marriage will be valid or invalid?

Answer: when a girl who attained puberty and marries with an adult male with her free will, the marriage will be valid under Muslim Law. This FAQ is prepared by Sadia Saman Advocate

Question: what is meaning of Bridal gift?

Answer: Bridal gift means any property given as a gift before at or after the marriage either directly or indirectly by the bridegroom or his parents to the bride in connection with marriage.

Question: Does Dower” Mehr” include as bridal gift?

Answer: Dower “Mehr” does not include Mehr. This FAQ is prepared by Sadia Saman Advocate

Question: If husband does not give bride gift to her, what is the right of her of the same?

Answer: Article of dowry, bridal gift, or other movable properties belonging of bride and the husband if deprive her of the same, wife has right to recover these entire article under the provisio...

Question: Can anyone snatch Bridal Gift which is given by husband and husband‘s family member?

Answer: Bridal gift given by the husband and his family member is the absolute property of the wife and it cannot be snatched away from her. This FAQ is prepared by Sadia Sama

Question: Is Grandfather’s liability to maintain his grandchildren in absence of the father?

Answer: Liability of the grandfather to pay maintenance for the minor would include past maintenance as well as future maintenance as the grandfather is responsible to maintain his grandchildren ...

Question: Is father liable to maintain to his disobedient daughter?

Answer: Father is not liable to maintain his disobediently daughter and when she is living elsewhere without his consent. This FAQ is prepared by Sadia Saman Advocate

Question: Son having attained majority, Is father bound to pay to his son?

Answer: Son attained such age of the majority, would not be entitled to receive maintenance allowance from the father. This FAQ is prepared by Sadia Saman Advocate

Question: Registration of marriages is necessary under the Muslim Law?

Answer: Every marriage solemnised under Muslim Law shall be registered in accordance to the Muslim Family Laws Ordinance 1961.

Question: what is the purpose of registration of marriage?

Answer: The purpose of the registration of marriage, the Union Council shall grant licence of marriage. This FAQ is prepared by Sadia Sama

Question: How is maintained the register of Nikah Nama?

Answer: The registered to be maintained by Nikah Registrars, the records to be preserved by Union Council, marriage shall be registered and copies of nikahnama shall be supplied to the parti...

Question: What is Irregular Marriages?

Answer: A marriage contracted without the consent of her guardian when such consent is necessary, and marriage by guardian of a minor girl who has not attained puberty and marriage

Question: When Marriages become Valid marriage?

Answer: A marriage is valid when performed in accordance with the injunction of Islam. This FAQ is prepared by

Question: if a woman contracted marriage before the completion of Iddat, marriage is valid or not?

Answer: Marriage of a woman without completion of her iddat is irregular and not void. This FAQ is prepared by Sadia Saman Advocate

Question: Property transferred to the bride by her father in law in lieu of dower having mentioned in Nikah Name, how to be execute?

Answer: If marriage is registered under Muslim Family Ordinance 1961 and property transferred, in such a case there is no need to execute a dower deed separately, such property would stand t...

Question: is registration Nikah necessary or not?

Answer: Registration of Nikah is not necessarily the proof of nikha, as in Muslim Law Nikha can be performed by offer and acceptance in presence of witness. This FAQ is prepared by Sadia S...

Question: if a person does not report marriage to nikah registrar for the purpose of registration, is it punishable under the Muslim Laws Ordinance 1961?

Answer: As per section 5(4) sub section 3 of Muslim Family Laws Ordinance 1961. Shall be punishable with simple imprisonment for a term which may extend to three months or with fine which ma...

Question: If a Muslim wife does not want to live with her husband due to some reason, can force to wife live with her husband?

Answer: Cannot be compelled to wife to live with her husband. This FAQ is prepared by Sadia Saman Advocate

Question: what is the status of women in matrimonial matter in Islam?

Answer? Woman in Islam is not bound in all circumstances to live with her husband. This FAQ is prepared by Sadia Saman Advocate

Question: Is chairman Arbitration bound to issue Talaq certificate to wife?

Answer: Yes, chairman Arbitration bound to issue necessary Talaq certificate to wife. This FAQ is prepared by Sadia Saman Advocate

Question: if the husband died before few days after divorce, iddat period of iddat could not complete, what is the status of the wife?

Answer: if the husband died before few days after divorce, iddat period of iddat could not complete, wife status is Widow. This FAQ is prepared by Sadia Saman Advocate

Question: has Widow Share in husband’s property?

Answer: widow has share in her deceased husband’s property. This FAQ is prepared by Sadia Saman Advocate

Question: how much share is issueless widow in her deceased husband’s property?

Answer: Issueless widow share in her deceased husband’s property is 1/4th. This FAQ is prepared by Sadia Saman Advocate

Question: how much share of widow with children in her deceased husband’s property?

Answer: 1/8th Share of widow with children in her deceased husband’s property. This FAQ is prepared by Sadia Saman Advocate

Question: If Divorce on Mutual consent, can be withdraw?

Answer: If divorce is with mutual consent on the basis of mubaraat husband cannot retract or withdraw such divorce. This FAQ is prepared by Sadia Saman Advocate

Question: how to court determine the Minor maintenance?

Answer: Court to determine minor maintenance according to father’s income. This FAQ is prepared by Sadia Saman Advocate

Question: is father bound to maintain of children?

Answer: father under the law as well as morally is bound to maintain the children. He cannot escape from his liability on any pretext. This FAQ is prepared by Sadia Saman Advocate

Question: when father or grand-father is bound to maintain to adult son?

Answer: father or grand-father is not bound to maintain adult sons unless disabled by infirmity or disease. This FAQ is prepared by Sadia Saman Advocate

Question: if father does not maintain his children, what remedy available for wife?

Answer: if father does not maintain his children, wife may file suit for maintenance before the family court. This FAQ is prepared by Sadia Saman Advocate

Question: if wife refuse to stay with her husband without any excuse, is she entitled for maintenance?

Answer: wife refuses to stay with her husband without any genuine and lawful excuse she is not entitled to any maintenance. This FAQ is prepared by Sadia Saman Advocate

Question: how to determine Wife’s maintenance to her husband?

Answer: wife will have to proof of the income of the husband, Maintenance not to be determined without any proof of the income of the husband. This FAQ is prepared by Sadia Saman Advocat...

Question: Is there any jurisdiction of Arbitration Council to award maintenance of minor?

Answer: No, Arbitration Council has no jurisdiction to award maintenance to minor. This FAQ is prepared by Sadia Saman Advocate

Question: what is the time limitation for filling revision against the order of maintenance passed by Arbitration Council?

Answer: limitation for filling revision against the order of maintenance passed by Arbitration Council is 30 days. This FAQ is prepared by Sadia Saman Advocate

Question: if revision petition dismissed as barred by time, is it challenge the order of the Arbitration Council to anther forum?

Answer: where such revision petition is dismissed as barred by time, it is not open to him to challenge the order of the Arbitration Council on merits before the higher Court. This FAQ ...

What is the purpose of a pre-trial hearing as stated in Section 10 of the Family Courts Act?

According to Section 10 of West Pakistan Family Courts Act, 1964, the purpose of a pre-trial hearing is to examine the plaint, written statement, evidence, and documents filed by the parties. The cour...

What happens if no compromise or reconciliation is possible during the pre-trial hearing?

According to Section 10 of West Pakistan Family Courts Act, 1964, if no compromise or reconciliation is possible, the court shall frame the issues in the case and fix a date for recording the evidence...

What particular provisions does the Family Courts Act make on dissolution of marriage in the event that reconciliation is unsuccessful?

According to Section 10 of West Pakistan Family Courts Act, 1964, if attempts at reconciliation are unsuccessful in dissolution of marriage cases, the Family Court shall issue an immediate judgement o...

In what ways has the Punjab amendment changed Section 10 of the Family Courts Act's subsections (3) and (4)?

The Punjab amendment substituted subsections (3) and (4) with new provisions. It also added subsections (5) and (6) to the Family Courts Act through the Family Courts (Amendment) Act 2015 (XI of 2015)...

How does the amendment introduced by Ordinance LV of 2002 impact the right of HaqMehr?

A proviso was inserted to Section 10 by Ordinance LV of 2002, which was a substantive alteration rather than just a procedural one. It becomes clear that the HaqMehr right is applied prospectively rat...

What does the phrase "reconciliation" mean when used in relation to Family Court cases?

According to Section 10 of West Pakistan Family Courts Act, 1964, "Reconciliation" refers to taking actions that can help the couple live in harmony by addressing and resolving the issues that caused ...

Under the Family Courts Act, how important is the Presiding Judge's involvement in trying to achieve reconciliation?

According to Section 10 of West Pakistan Family Courts Act, 1964, not only is the Presiding Judge's function important, but it goes beyond a formality in the reconciliation process. Reconciliation is ...

Does the lack of reference to reconciliation in the Family Court's judgment render the procedures null and void?

According to Section 10 of West Pakistan Family Courts Act, 1964, as long as the reconciliation attempt is documented in the order sheet, the judgment's lack of reference to reconciliation does not au...

Are in-person appearances by parties required during Family Court reconciliation proceedings?

According to Section 10 of West Pakistan Family Courts Act, 1964, parties are not required to make an in-person appearance. They may be represented by legal counsel, and the statement made on the part...

What is the significance of the personal attendance of parties in reconciliation proceedings?

According to Section 10 of West Pakistan Family Courts Act, 1964, genuine efforts at reconciliation may benefit by personal attendance as it gives the parties a chance to talk to one another and consi...

What happens if a defendant submits a written statement and is present on the date fixed for reconciliation?

According to Section 10 of West Pakistan Family Courts Act, 1964, if a defendant submits a written statement and is present on the date fixed for reconciliation, they have fulfilled their obligation u...

Is the consent of the husband necessary for a Khula divorce?

According to Section 10 of West Pakistan Family Courts Act, 1964, the consent of the husband is not necessary for a Khula divorce. If the husband disagrees with the dissolution of the marriage, the ju...

What happens if the judge finds that the wife is unwilling to live with her husband without any fault on his part?

According to Section 10 of West Pakistan Family Courts Act, 1964, the judge's sole option is to return the dower (Haq-e-Mehr) that the wife got at the time of their marriage to the husband if it is de...

What benefits does a wife receive if the judge finds that the husband's behavior compelled her to seek Khula?

According to Section 10 of West Pakistan Family Courts Act, 1964, if the judge finds that the husband's arrogant, cruel, or obnoxious behavior compelled the wife to seek Khula, she is entitled to all ...

Can wife pronounce Talaq to herself?

According to Section 10 of West Pakistan Family Courts Act, 1964, she can pronounce Talaq to herself on behalf of the husband, if such right and authority had been given to her by the husband at the t...

What is the significance of the proviso to Section 10(4) of the West Pakistan Family Court Act, 1964?

The proviso to Section 10(4) empowers the Family Court to pass a decree for dissolution of marriage immediately upon the failure of pretrial reconciliation proceedings between the parties. It also man...

How does the proviso to Section 10(4) align with Islamic law?

In Islamic law, marriage is considered a civil contract that can be terminated by either party. The proviso is in line with this principle, allowing for the dissolution of marriage upon failure of rec...

What occurs if there is a dispute regarding the dower amount?

If a dispute arises over the payment, receipt, or remission of the dower amount, the Family Court must resolve this issue. If the wife is willing to deposit the dower amount in court, a preliminary de...

Who bears the burden of proof in a dispute regarding the dower amount?

The burden of proof lies with the person who alleges a fact. If the husband asserts that the dower amount was paid, and the wife denies it, the husband must provide evidence to prove the payment. Th...

What is the purpose of the non obstante clause in the proviso to Section 10(4)?

The non obstante clause in the proviso to Section 10(4) is designed to give the Family Court broader powers to dissolve a marriage when the circumstances permit. The provision aims to avoid unnecessar...

What is the overriding effect of the proviso to Section 10(4) of the Family Court Act, 1964?

The proviso to Section 10(4) has an overriding effect, meaning that no decision or judgment from any court or tribunal can hinder the right granted for the dissolution of marriage. This right is absol...

How should the term 'Khula' be construed under the Family Court Act, 1964?

The term 'Khula' should be understood in a way that respects established principles of Shariah. It is up to the Family Court to decide whether to dissolve a marriage on the grounds of Khula. The court...

Can a marriage be dissolved by the Family Court without the wife specifically asking for Khula?

Yes, the Family Court can dissolve a marriage based on other grounds such as cruelty, non-maintenance, or desertion, even if the wife does not specifically ask for Khula. In such cases, the court must...

Is the issue of dower still relevant if a marriage is dissolved on grounds other than Khula?

Yes, even if the marriage is dissolved on grounds other than Khula, the issue of dower remains relevant. The Family Court must properly determine the entitlement of both parties to the dower, rather t...

Can the Family Court dissolve a marriage on the basis of Khula without requiring compensation?

Yes, the Family Court can dissolve a marriage on the basis of Khula without requiring compensation if it finds that the Khula is being claimed due to the husband's fault. This FAQ is prepared by Sadia...

Can the terms of a decree for dissolution of marriage be altered in a subsequent suit?

No, once a decree for dissolution of marriage has attained finality, its terms cannot be altered or modified in any subsequent suit. This FAQ is prepared by Sadia Saman Advocate

Can a wife be deprived of her dower if the marriage is dissolved on the basis of Khula?

No, a wife cannot be deprived of her dower if she has not forfeited her claim to it. Even if the marriage is dissolved on the basis of Khula, the dower must be properly adjudicated. This FAQ is prepar...

What happens if a wife takes the plea of cruelty, but the Family Court dissolves the marriage on the basis of Khula?

If the Family Court dissolves the marriage on the basis of Khula but the wife had pleaded cruelty, an appellate court can convert the dissolution to be on the grounds of cruelty if the evidence suppor...

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