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  • Registration of Foreign Company in Pakistan

    Q. What is meant by Foreign Company?

    A. Foreign Company is a company registered outside Pakistan, under a foreign law other than Pakistani law and establishes its place of business in Pakistan.

    Q. Is registration of foreign company is mandatory with Securities & Exchange Commission of Pakistan?

    A. Yes, registration of a foreign company with Securities & Exchange Commission of Pakistan is mandatory.

    Q. Is a foreign company required to obtain any other permission from any other organization for opening and maintaining of its branch/liaison office in Pakistan?

    A. A foreign company desirous of setting up a branch or liaison office is required to obtain permission from the Board of Investment, Government of Pakistan.

    Q. For how long Board of Investment grants permission to open a branch/liaison office of foreign company in Islamic Republic of Pakistan?

    A. The permission for opening of branch/liaison office is granted by the Board of Investment for an initial period of three to five years. Copy of such permission letter is required to be furnished with the documents meant for registration of a foreign company.

    Q. After expiry does branch/liaison need permission again from Board of Investment?

    A. Yes, after expiry renewal/extension of the permission to open/maintain a branch/liaison office is also required to be obtained from the Board of Investment on the expiry of the validity period of the permission originally granted. Whenever such renewal/extension is granted, a copy must be furnished to the Registrar SECP concerned. Further extension is granted after reviewing the performance of the entity during the initial period.

    Q. Can a foreign company adopt any name it likes or if there are any restrictions?

    A. Foreign Company can establish a principal place of business in Pakistan in the name of the company registered in the country of origin.

    Q. Memorandum and Articles of Association of a foreign company, is in language other than English will Securities & Exchange Commission of Pakistan will accept them?
    A. According to Rule 23 of Companies (General Provisions and Forms) Rules, 1985, if the document constituting charter, statute or memorandum and articles of association is not in English or Urdu, duly certified translation in English or Urdu language is required to be provided. Where any such translation is made outside Pakistan it shall be authenticated by the signature and seal of the public officer or Notary Public in the country where the company is incorporated, provided that signature or seal of the person so certifying shall be authenticated by a Pakistan diplomatic consular or consulate officer.

    Q. Within how many days foreign company is required to deliver requisite documents to the Registrar Securities & Exchange Commission of Pakistan?
    A. Every foreign company which establishes a place of business in Pakistan has to deliver the requisite documents to the registrar concerned within thirty days of establishment of a place of business in Pakistan.

    Q. What type of certification is required for the documents constituting or defining the constitution of a foreign company?

    A. As per Rule 22 of Companies (General Provisions and Forms) Rules, 1985 a copy of any charter, statute, memorandum, articles or other instrument, constituting or defining the constitution of a foreign company is required to be duly certified by:-

    • the public officer in the country where the company is incorporated to whose custody the original is committed; or

    • a Notary Public of the country where the company is incorporated; or

    • an affidavit of a responsible officer of the company in the country where the company is incorporated.

    The signature and seal of the official referred above or the certificate of the Notary Public referred above shall be authenticated by a Pakistani diplomatic consular or consulate officer.

    Q. Whether a foreign company is required to file any document to the registrar concerned on change or alteration therein?

    A. Yes, foreign company is required to notify registrar on any change or alteration of the documents.

    Q. What is meant by Global Accounts?

    A. Global accounts are the accounts which a foreign company files with the authorities in country of origin. If a foreign company is not required to file the Accounts in country of origin, it shall prepare Global Accounts and get the same audited for purpose of filing of such accounts under the Companies Ordinance, 1984 like a public company.

    Q. Are there any statutory obligations for the foreign companies?

    A. According to Companies Ordinance, 1984 a foreign company is required to comply with the statutory obligations i.e.

    To maintain at its principal place of business in Pakistan a register of Pakistani members and debenture holders, directors and officers, which shall be open to inspection.

    In every prospectus inviting subscriptions for its shares or debentures in Pakistan, state the country in which the company is incorporated.

    Conspicuously exhibit on the outside of every place where it carries on business in Pakistan the name of the company and the country in which the company is incorporated in letters easily legible in English or Urdu characters and also, if any place where it carries on business is beyond the local limits of the ordinary civil jurisdiction of a High Court, in the characters of one of the vernacular language used in that place. Cause the name of the company and of the country in which the company is incorporated mentioned in legible English or Urdu characters in all bill-heads and letter papers, and in all notices, advertisements, documents and other official publication of the company.

    If the liability of the members of the company is limited, cause notice of that fact to be stated in legible English or Urdu characters in every prospectus inviting subscription for its shares, all letter papers, bill heads, notices, advertisements, and other official publications of the company in Pakistan, and to be exhibited on the outside of every place where it carries on business in Pakistan.

    Q. Is there any exclusion to foreign companies to deliver accounts?

    A. No there is no exclusion, all foreign companies must deliver accounts in Pakistan, and accounts would be prepared and adjusted like a public company.

    Q. Are provisions of Companies Ordinance 1984 for registration of mortgage and charges are also applicable to foreign companies?

    A. Yes, all the provisions of Companies Ordinance, 1984, as applicable to other companies, relating to the registration of mortgage and charges are also applicable to a foreign company.

    Q. Does books of account to be kept by a foreign company?

    A. According to section 230 of the Companies Ordinance, 1984 every company shall keep at its registered office proper books of account, the provisions of the said section also apply to the foreign companies.

    Q. Do a foreign company need to intimate registrar before closure of its business in Pakistan?

    A. Any foreign company at least thirty days before it intends to cease to have any place of business in Pakistan give a notice of intention to the concerned registrar and publish a notice of such intention at least in two daily newspapers circulating in the Province or Provinces in which such place or places of business are situate. As from the date of intention to cease to have any place of business in Pakistan stated in the notice, unless the said date is by a similar notice altered, the obligation of the company to deliver any document to the registrar shall cease, provided it has no other place of business in Pakistan.

    Q. If a foreign company having an established place of business in Pakistan goes into liquidation in the country of origin then what procedure is to be adopted in Pakistan?

    A. If a foreign company having an established place of business in Pakistan goes into liquidation in the country of its incorporation then it shall within thirty days give notice thereof to the registrar, and simultaneously publish a notice at least in two daily newspapers circulating in the Province or Provinces in which its place or places of business are situated and furnish to the registrar within thirty days of the conclusion of the liquidation proceedings all returns relating to the liquidation and the liquidation account in respect of such portion of the company’s affairs as relates to its business in Pakistan. Publish a statement on every invoice, order, bill-head, letter paper, notice of other publication in Pakistan that the company is being wound up in the country of its incorporation. Where a company has been dissolved, ceased then no person shall after the date of such dissolution or cessation, carry on, or purport to carry on , any business in Pakistan in the name or on behalf of such company.

    Q. If a foreign company in Pakistan fails to comply with provisions of Companies Ordinance, 1984 is there any penalty?

    A. If any foreign company fails to comply with any of the provisions of the Companies Ordinance, 1984 then, the company and every officer or agent of the company who knowingly or willfully authorizes or permits the default, shall be liable to fine.

    Q. Are foreign companies are required to be registered with tax authorities in Pakistan?

    A. Yes, Liaison/Branch office is required to be registered with the Tax Authorities in Pakistan.

  • West Pakistan Family Courts Act, 1964

    An Act to make provision for the establishment of Family Courts
    Preamble WHEREAS it is expedient to make provision for the establishment of Family Courts for the expeditious settlement and disposal of disputes relating to marriage and family affairs for matters connected therewith;
    It is hereby enacted as follows:

    1. Short title, extent and commencement.    ‑‑(1) This Act may be called the West Pakistan Family Courts Act, 1964.
    (2) It extends to the whole of [Pakistan]*.
    * Subs. by P.O. 4 of 1975.
    2((3) It shall come into force in such area or areas and on such date or dates as Government may, by notification in the official Gazette, specify in this behalf.]
    ** Sub‑section (3) deleted by Senate Bill No. III of 1999 [PLJ 1999 Fed. St. 175]. Earlier the ..et has been enforced in the whole of Pakistan except Tribal areas vide Notification No. Integ. 10‑31/64, dated 21.2.1967.
    (4) Nothing in this Act shall apply to any suit, or any application under the Guardians and Wards Act, 1890, pending for trial or hearing in any Court immediately before the coming into force of this Act, and all such suits and applications shall be heard and disposed of as if this Act were not in force].
    [(5) Any suit, or any application under the Guardians and Wards Act, 1890, which was pending for trial or hearing in any Court immediately before the coming into force of this Act, and which has been dismissed solely on the ground that such suit or application is to be tried by a Family Court established under his Act shall, notwithstanding anything to the contrary contained in any law, on petition made to it in that behalf by any party to the suit or application, be tried and heard by such Court from the stage at which such suit or application had reached at the time of its dismissal].

    2.Definitions. (1) In this Act, unless the context otherwise requires, the following expressions shall have the meaning hereby respectively assigned to them, that is to say‑‑
    (a) “Arbitration Council” and “Chairman” shall have the meanings respectively assigned to them in the Muslim FamilyI..aws Ordinance, 1961;
    (b) “Family Court” means a Court constituted under this Act;
    (c) “Government” means the 4[Provincial Government]‑.
    (d) “party” shall include any person who as such in considered necessary for a proper decision of the dispute and whom the Family Court adds as a party to such dispute;
    (e) “prescribed” means prescribed by rules made under this Act.
    (2) Words and expressions used in this Act but not herein defined shall have the meaning respectively assigned to them in the Code of Civil Procedure, 1908.

    *3. Establishment of Family Courts: ‑Government shall establish one or more Family Courts in each District or at such other place as it may deem necessary and appoint a Judge for each such Courts.
    * Subs. by W.P. Family Courts (Amendment) Ordi. 1994 (X)CI of 1994) S. 2.
    Provided that at least one Family Court in each District shall be presided over by a woman Judge to be appointed within a period of six months or within such period as the Federal Government may, on the request of Provincial Government, extend:
    (2) A woman Judge may be appointed for more than one District and in such cases the woman Judge may sit for the disposal of cases at such place or places in either District, as the Provincial Government may specify.
    (3) Government shall, in consultation with the High Court, appoint as many woman Judges as may be necessary for the purposes of sub‑section (1).
    Notification No Integ. 10‑31/64, dated 23rd January, 1967. In exercise of the powers conferred by S. 3 of W.P. Family Courts Act, 1964, the Governor of West Pakistan is pleased to establish a Family Court for Kalat Division with headquarters at Kalat and to appoint the President of the Majlis‑e‑Shoora, Kalat to be Judge of that Court.**
    ** See Gazette of West Pakistan, Extraordinary, dated 30th January, 1968.

    *[4. Qualification of Judge.‑‑No person shall be appointed as a Judge of a family Court unless he is or has been **[or is qualified to be appointed as] a District Judge, an Additional District Judge, a Civil Judge or ***[a Qazi appointed under the Dastural‑Amal Diwani Riasat Kalat]
    * Subs. by W.P. Family Courts (Amendment) Ordinance, 1966 (X of 1966), S. 5.
    **Added by W.P. Family Courts (Amendment) Act, 1994 (Act 2 of 1994) S. 4.
    *** Subs. by West Pakistan Family Courts (Amendment) Act of 1969, S. 2 of the words “or a Civil Judge”.

    5. Jurisdiction.—(1) Subject to provisions of the Muslim Family Laws Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in the Schedule Part I of the Schedule
    “(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), the Family Court shall have jurisdiction try the offences specified in Part II of the Schedule, where one of the, spouses is victim of an offence committed by the other
    (3) The High Court may with the approval of the Government, amend the Schedule so as to alter, delete or add any entry thereto.;

    6. Place of sitting.‑‑Subject to any general or special orders of Government in this behalf, a family Court ;hall hold its sitting at such place or places within *[the District or areas for which it is established] as may be specified by the District Judge.
    * Substituted by West Pakistan Ordinance X of 1966, section 6.
    [* Words added by Family Courts (Amendment) Ordinance 2002]

    7. Institution of suit.‑‑(1) Every suit before a Family Court shall be instituted by the presentation of a plaint or in such other manner and in such Court as may be prescribed.
    (2) The plaint shall contain all material* facts relating to the dispute and shall contain a Schedule giving the number of witnesses indeed to be produced in support of the plaint, the names and addresses of the witnesses and a brief summary of the facts to which they would depose:
    * The words “material” inserted by West Pakistan Ordinance X of 1966, section 7.
    “Provided that a plaint for dissolution of marriage may contain all claims relating to dowry, maintenance, dower, personal property and belongings of wife, custody of children and visitation rights of parents to meet their children.”; and further that the parties may, with the permission of the Court, call any witness and at any later stage, if the Court considers such evidence in the interest of justice.
    **[(3) (i) Whereas a plaintiff sues or relied upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall at the same time deliver the document or a copy thereof to be filed with the plaint.
    (ii) Where he relies on any other document, not in his possession or power as evidence in support of his claim, he shall enter such documents in a list to be appended to the plaint. giving reasons of relevancy of these documents to the claim in the plaint]
    ** Substituted by West Pakistan Family Courts (Amendment) Act, 1 of 1969, S. 3.
    (4) The plaint shall be accompanied by as many duplicate copies thereof including the Schedule and the lists of documents referred to irk sub‑section (3), as there are defendants in the suit, for service upon the defendants.
    *[(5) A Family Court shall conduct hearing of the suits as expeditiously as possible and shall not adjourn hearing for a period exceeding seven days and shall dispose off the suit within a period of 120 days from the date fixed by the court for the appearance of the Defendant.]
    *. Added by Senate Bill No. III of 1999 (PLJ 1999 Fed. St. 175).

    * 8. Intimation to defendant.‑‑(1) Where a plaint is presented to a Family Court it:‑‑
    (a) may shall fix a date ordinarily of not more than **[fifteen days] for the appearance of the defendant;
    (b) shall issue summons to the defendant to appear on a date specified therein;
    (c) shall within three days of the presentation of the plaint, send:‑‑
    * Subs. by West Pakistan Family Courts (Amendment) Act, 1 of 1969; S. 4.
    **.Subs. for “thirty days” Senate Bill No. III of 1999 (PLJ 1999 Fed. St. 175).
    to each defendant, by registered post, acknowledgement due, a notice of the suit, together with a copy of the plaint, a copy of the Schedule referred to in sub‑section (2) of section 7 and copies of the document and a list of documents referred to in sub‑section (3) of the said section; and
    (ii) to the Chairman of the Union Council within whose jurisdiction the defendant or defendants, as the case may be, reside, and where the defendants reside within the jurisdiction of different Union Councils, to the Chairman of every such Union Council, a notice of the plaint having been presented.
    (2) Every summons issued under clause (b) of sub‑section (1) shall be accompanied by a copy of the plaint, a copy of the Schedule referred to in sub‑section (2) of section 7, and copies of the documents and list of documents referred to in sub‑section (3) of the said section.
    (3) On receipt of the notice under clause (c) of sub‑section (1), the Chairman shall display the notice on the Notice Board of the Union Council for a period of seven consecutive days, and shall, as soon as may be, after the expiry of the said period inform the Family Court of the notice having been so displayed.
    (4) Service of the plaint and its accompaniments in the manner provided in clause (b) or clause (c) of sub‑section (1) shall be deemed to be due service of the plaint upon the defendant.
    (5) Every notice and its accompaniments under clause (c) of sub‑section (1) shall be served at the expense of the plaintiff. The postal charges for such service shall be deposited by the plaintiff qt the time of filing the plaint.
    (6) Summons issued under clause (b) of sub‑section (1) shall be served in the manner provided in the Code of Civil Procedure, 1908, Order V, rules 9, 10, 11, 16, 17, 18, 19, 20, 21, 23, 24, 26, 27, 28 and 29. The cost of common shall be assessed and paid as for summons issued under the Code of Civil Procedure, 1908.
    Explanation. .For the purposes of this section, the expression “Union Council” means a Union Council, Town Committee or Union Committee constituted under section 57 of the Electoral College Act, 1964 (IV of 1964).
    PUNJAB AMENDMENT‑‑ACT XXIV OF 1971: In section 8 in sub*section (1), for clause (c), the following clause shall be substituted;
    [(c) shall within three days of the presentation of the plaint, send to each defendant by registered post, acknowledgment due, a notice of the suit, together with a copy of the plaint, a copy of the Schedule referred to in sub*section (2) of section 7 and copies of the documents and a list of documents referred to in sub‑section (3), of the said section.] and
    (ii) sub‑section (3) and the Explanation occurring at the end of the section shall be deleted.
    (Pb.Ordi. 24 of 1971 en forced from 23. 4971)

    *[9. Written statement. (1) On the date fixed under clause (a) of sub‑section (1) of section 8, the plaintiff and the defendant shall appear before the Family Court and the defendant shall file his written statement, and attach therewith a list of his witnesses alongwith a precis of the evidence that each witness is expected to give.
    “(la) A defendant husband may, where no earlier suit for restitution of conjugal rights is pending, claim for a decree of restitution of conjugal rights in his written statement to a suit for dissolution of marriage or maintenance, which shall be deemed as a plaint and no separate suit shall lie for it.
    (1b) A defendant wife ‘may, in the written statement to a suit for restitution of conjugal rights, make a claim for dissolution of marriage including Khula’ hic shall be deemed as a plaint and no separate suit shall lie for it:
    Provided that the proviso to subsection (4) of section 10 shall apply where the decree for dissolution of marriage is to be assed on the ground of khula.
    * Subs. by West Pakistan Act, I of 1969, S. 5.
    (2) Where a defendant relies upon a document in his possession or power, he shall produce it or a copy thereof in the Court alongwith the written statement.
    (3) Where he relies on any other document not in his possession or power as evidence in support of his written statement, giving reasons of relevancy of these documents to the defence in the written statement he shall enter such documents in a list to be appended to the written statement.
    (4) Copies of the written statement, list of witnesses and precis of evidence referred to in sub‑section (1) and the documents referred to in sub*section (2) shall he given to the plaintiff, his agent or advocate present in the Court.
    (5) If the defendant fails to appear on the date fixed by the Family Court for his appearance then:‑‑
    (a) if it is proved that the summons or notice was duly serve on the defendant, the Family Court may proceed ex parte:
    Provided that where the Family Court has adjourned the hearing of the suit ex pane, and the defendant at or before such hearing appears and assigns good cause for his previous non‑appearance, he may, upon such terms as the FamilyCourt directs, be heard in answer to the suit as if he had appeared on the day fixed for his appearance; and
    (b) if it is not proved that the defendant was duly served as provided in sub‑section (4) of section 8, the Family Court shall issue fresh summons and notice to the defendant and cause the same to be served in the manner provided in clauses (b) and (c) of sub‑section (1) of section 8.
    (6) In any case in which a decree is passed ex pane against a defendant under his Act, he may apply within reasonable time of the passing thirty days of the service of notice under subsection (7) of the passing of the decree thereof, to the Family Court by which the decree was passed for an order to set it aside, and if he satisfies the Family Court that he was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was heard or called for hearing, the Family Court shall, after service of notice on the plaintiff, on such terms as to cost as it deems fit, make an order for setting aside the decree as against him and shall appoint a day for proceeding with the suit:
    Provided that where the decree is of such a nature that it cannot be set aside as against such defendant only„ it may be set aside against all or any of the other defendant also.’
    “(7) The notice of passing of the exparte decree referred to in subsection (6) shall be sent, to the defendant by the Family Court together with a certified copy of the decree within three days of the passing of the decree, through process server or by registered post, acknowledgement due, or thro 7h courier service or any other mode or manner as it may deem tit.
    (8) Service of notice and its accompaniment in the manner provided in subsection
    (7) shall be deemed to be due service of the notice and decree on the defendant. .

    *[10. Pre‑trial proceeding.‑‑(1) When the written statement is filed, the Court shall fix an early date for a pre‑trial hearing of the case.]
    * Sub. by West Pakistan Family Courts (Amendment) Act, 1969, S. 6.
    (2) On the date so teed the Court shall examine the plaint, the written statement (if any) and the precis of evidence and documents filed by the parties and shall also, if it so deems fit, hear the parties and their Counsel.
    (3) At the pre‑trial, the Court shall ascertain the points at issue between the parties and attempt to effect a compromise or reconciliation between the pares if this be possible,
    (4) If no compromise or reconciliation is possible the Court shall frame the issues in the case and fix date for the *[recording] of evidence.‑‑
    “Provided that notwithstanding any decision or judgment of an) Court or tribunal, the Family Court in a suit for dissolution of marriage, if reconciliation falls, shall pass decree for dissolution of marriage forthwith and shall also restore to the husband the Haq Mehr received by the wife in consideration of marriage awe time of marriage.
    * Inst. by W.P. Act 1 of 1969 S. 6 (b).

    11. Recording of evidence.‑‑(1) On the date fixed for the *[recording of the evidence], the Family Court shall examine the witnesses produced by the parties in such order as it deems fit.
    * Subs. by W.P. Family Courts (Amendment) Act (1 of 1969) S 7 (a).
    (2) The Court shall not issue any summons for the appearance of any witness unless, within three days of the framing of issues, any party intimates the Court that it desires a witness to be summoned through the Court and the Court is satisfied that it is not possible for such party to produce the witness,
    *[(3) The witnesses shall give their evidence in their own words;
    Provided that the parties or their counsel may further examine, cross* examine or re‑examine the witness:
    Provided further that the Family Court may forbid any question which it regards as indecent, scandalous or frivolous or which appears to it to be intended to insult or annoy or in needlessly offensive in form],
    * Subs. by West Pakistan Family Court (Amendment) Act, 1969, S. 7 (b),
    *[(3‑A) The Family Court may, if it so deems fit, put any question to any witness for the purposes of elucidation of any point which it considers material in the case
    * Added by West Pakistan Courts (Amendment) Act, 1969, S. 7.
    (4) The Family Court may permit the evidence of any witness to be given by means of an affidavit:
    Provided if the Court deems fit it may call such witness for the purpose of further examination in accordance with sub‑section (3).

    12. Conclusion of trial. (1) After the close of evidence of both sides, the Family Court shall make another effort to effect a compromise or reconciliation between the parties within a period not exceeding fifteen days
    (2) If such compromise or reconciliation is not possible, the Family j Court shall announce its judgment and give a decree.

    12-A. Cases to be disposed of within a specified period.--A Family Court shall dispose of a case, including as a suit for dissolution of marriage, within a period of six months from the date of institution:
    Provided that where a case is not disposed of within six months either party shall have a right to make an application to the High Court for necessary direction as the High Court may deem fit.

    13. Endorsement of decrees.‑‑(1) The Family Court shall pass a decree in such form and in such manner as may be prescribed, and shall enter its particular in the prescribed register.
    (2) If any money is paid, *[and] any .property is delivered in the presence of any Family Court, in satisfaction of the decree, it shall enter the fact of payment *[and] the delivery of property, as the case may be, in the aforesaid register.
    * Substitued by W.P Ordinance (X of 1966) s.11
    (3) Where a decree relates to the payment of money and the decretal amount is not paid within the time specified by the Court, not exceeding thirty days the same, shall, if the Court so directs, be recovered as arrears of land‑revenue and on recovery shall be paid to the decree‑holder.
    (4) The decree shall be executed by the Court passing it or by such other Civil Court as the District Judge may, by special or general order, direct.
    (5) A Family Court may, if it so deems fit, direct that any money to be paid under a decree passed by it be paid in such instalments as it deems fit.

    14. Appeal.‑‑*[(1) Notwithstanding anything provided in any other law for the time being in force, a decision given or decree passed by a Family Court shall be appealable]‑‑
    (a) to the High Court, where the Family Court is presided over by a District Judge, an Additional District Judge or any person notified by Government to be of the rank and status of a District Judge or an Additional Distinct Judge; and
    (b) [to the District Court, in any other case.]
    (2) No appeal shall lie from a decree by a Family Court:‑‑
    (a) for dissolution of marriage, except in the case of dissolution for reasons specified in clause (d) of item (viii) of section 2 of the Dissolution of Muslim Marriage Act, 1939;
    (b) for dower or dowry not exceeding **[rupees ten thousand];
    (c) for maintenance of **[rupees one thousand] one thousand” or less per month.
    ***[(3) Hearing of an Appeal shall be conducted by the court as expeditiously as possible and hearing shall not be adjourned for a period exceeding seven days and appeal shall be disposed off by the court within a period of 120 days from the date fixed by the court for the appearance of the Respondent.]
    ** Inst. by West Pakistan Ordinance X of 1966, S.12.
    ** Subs. for “rupees one thousand” by Senate Bill No. III of 1999 (PLD 1999 Fed. St. 175]
    *** Subs. for “rupees twenty‑five thousand” by Senate Bill No. III of 1999 (PLD 1999 Fed. St. 175).
    “(3) No appeal or revision shall lie against an interim order passed by a Family Court.
    (4) The appellate Court referred to in subsection (1) shall dispose of the appeal within a period of tour months.

    15. Power of the Family Court to summons witness.‑‑(1) A Family Court may issue summons to any person to appear and give evidence, or to produce or cause the production of any document:
    Provided that:‑‑
    (a) no person who is exempted from personal appearance iii a Court under sub‑section (1) of section 133 of the Code of Civil Procedure, 1908, shall be required to appear in person;
    (b) a Family Court may refuse to issue summons or to enforce a summons already issued against a witness when, in the opinion of Court, the attendance of the witness cannot be procured without such delay, expense or inconvenience as in the circumstances would be unreasonable.
    (2) If any person to whom a Family Court has issued summons to appear and give evidence or to cause the production of any documents before it, wilfully disobeys such summons, Family Court, may take cognizance of such disobedience, and after giving such person an opportunity to explain, sentence him to a fine not exceeding one hundred thousand rupees.

    16. Contempt of Family Court. A person shall be guilty of contempt of the Family Court if he, without lawful excuse:‑‑
    (a) offers any insult to the Family Court; or
    (b) causes an interruption in the work of the Family Court; or
    “(bb) misbehaves with any person in the Court premises or uses abusive language, threats or uses physical force or intimidates in an form; or.”
    (b) for the words “two hundred” the words “two thousand” shall be substituted
    (c)refuses to answer any question put by the Family Court, which he is bound to answer; or
    (d) refuses to take oath to state the truth or to sign any statement made by him in the Family Court,
    and the Family Court may forthwith try such person for such contempt and sentence him to a fine not exceeding rupees two hundred.

    17. Provision of Evidence Act and Code of Civil Procedure not to apply.‑‑(1) Save as otherwise expressly provided by or under this Act, the provisions of the Evidence Act, 1872 Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984) and the Code of Civil Procedure 1908, *[except sections 10 and 11], shall not apply to proceedings before any Family Court in respect of Part I of Schedule
    * Words added by West Pakistan Family Courts (Amendment) Act of 19()7, S. 2.
    (2) Sections 8 to 11 of the Oaths Act, 1873, shall apply to all proceedings before the Family Courts.

    “17-A. Interim order for maintenance.–At any stage of proceedings in a suit for maintenance, the Family Court may pass an interim order for maintenance, whereunder the payment shall be made by the fourteenth of each month, failing which the Court may strike off the defence of the defendant and decree the suit. ‘

    17-B. Power of the Court to issue Commission.--Subject to such conditions and limitations as may be prescribed, the Court may issue a Commission to,-
    (a) examine any person;
    (b) make a local investigation; and
    (c) inspect any property or document.”.

    18. Appearance through agents.‑‑If a person required under this Act to appear before a Family Court, otherwise than as a witness, is a pardanashin lady, the Family Court may permit her to be represented by a duly authorized agent.

    19. Court Fees.‑‑Notwithstanding anything to the contrary contained in the Court‑Fee Act, 1872, the court‑fees to be paid on any plaint filed before a Family Court shall be Rupees (Fifteen] for any kind of suit.
    PUNJAB AMENDMENT: In Section 19.
    For the words “rupee one”, the words “rupees fifteen” shall be substituted.
    Punjab Act 14 o f 1973, S. 9.

    ” 19. Court-fee.--Notwithstanding anything contained in the Court Fees Act, 1870 (VII of 1870), the court-fee to be paid on any plaint or memorandum of appeal shall be rupees fifteen for any kind of suit or appeal

    20. Investment of powers of Magistrates on Judges.‑*Government may invest any Judge of a Family Court with powers of Magistrate, First Class to *[make order for maintenance] under section 488 of the Code of Criminal Procedure, 1898.
    * Subs. by West Pakistan Ordinance X of 1966 S. 13.

    “20. Family Court to exercise the powers of the Judicial Magistrate.–A Family Court shall have and exercise all the powers of Judicial Magistrate of the First Class under the Code of Criminal Procedure, 1898 (Act V of 1898).”.

    21. Provision of Muslim Family Laws Ordinance to be applicable.‑‑(1) Nothing in this Act shall be deemed to affect any of the provision of the Muslim Family Laws Ordinance, 1961, or the rules framed thereunder and the provisions of sections 7, 8, 9 and 10 of tire said Ordinance shall be applicable to any decree for the dissolution of marriage solemnized under the Muslim Law, maintenance or dower, by a Family Court.
    *[(2) When a Family Court passes a decree for the dissolution of a marriage solemnized under the Muslim Law, the Court shall send by registered post, within seven days of passing such decree, a certified copy of the same to the appropriate Chairman referred to in S. 7 of the Muslim Family Laws Ordinance, 1961, and upon receipt of such copy, the Chairman shall proceed as if he had received an intimation to talaq, required to be
    *[given] under the said Ordinance.
    * Subs. by West Pakistan Ordinance, X of 1966, S.13.
    (3) Notwithstanding anything to the contrary in any other law, decree for dissolution of a marriage solemnized under the Muslim Law shall:‑‑
    (a) not be effective until the expiration of ninety days from the day on which a copy thereof has been sent under sub‑section (2) to the Chairman; and
    (b) be of no effect if within the period specified in clause (a) reconciliation has been effected between the parties in accordance with provisions of the Muslim Family Laws Ordinance, 1961.
    Punjab Amendment. For section 21, the following section shall be substituted:‑‑
    “21-A. Interim order vending–The Family Court may Pass an interim order to preserve and protect any property in dispute in a suit and .any other property of a party to the suit, the preservation of which is considered necessary for satisfaction of the decree, if and when passed.”.

    *[22. Power to issue injunctions.—– A Family Court may grant such interim relief or injection as it may deem fit in the interest of justice during the pendency of the suit. Provided that a Family Court shall not have the power to issue an injunction to, or stay any proceedings before, Chairman or an Arbitration Council.]
    * . Subs. by Senate Bill No. III of 1999 (PLR 1999 Fed. St. 175)

    23. Validity of marriage registered under the Muslim Family Laws Ordinance, 1961, not to be questioned byFamily Courts.‑‑A Family Court shall not question the validity of any marriage registered in accordance with the provision of the Muslim Family Laws Ordinance, 1961 nor shall any evidence in regard thereto be admissible before the said Court.

    24. Family—-‑Courts to inform Union Councils of cases not registered under the Muslim Family Laws Ordinance, 1961.‑‑If in any proceedings before a Family Court, it is brought to the notice of the Court, that a marriage solemnized under the Muslim Laws Ordinance, 1961, has not been registered. in accordance with the provisions of the said Ordinance and the rules framed thereunder, the Court shall communicate such facts in writing to the Union Council for the area where the marriage was solemnized

    25. Family Court deemed to be a District Court for purposes of Guardians and Wards Act, 1890.‑‑A Family Court shall be deemed to be a District Court for the purposes of the Guardians and Wards Act, 1890, and notwithstanding anything contained in this Act shall, in dealing with matters specified in that Act. follow procedure prescribed in that Act.
    Punjab Amendment: After section 25 of the said Act this following new section should be added.

    25‑A. Transfer of cases.‑‑Notwithstanding anything contained in any law the High Court may either on the application of any party or of its own accord, by an order in writing,
    (a) transfer any suit or proceeding under this Act from the Family Court to another Family Court in the same district or from a Family Court of on district to a Family Court of another district; and
    (b) transfer any appeal or proceeding under this Act from the District Court of one district to the District of another district.
    (2) A District Court may, either on the application of any party or of its own accord; by an order in writing, transfer any suit or proceeding under this Act from one Family Court to another Family Court in a district or to itself and dispose it of as a Family Court.
    “(2-a) Where a Family Court remains vacant or the, Presiding Officer remains on leave or absent for any reason, except due to vacations, for more than thirty days, a District Court may, either on the application of any party or of its own accord, by order in writing, transfer any suit or proceeding from such Family Court to another Family Court in a District or to itself and dispose it of as a Family Court.
    (2b) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the Supreme Court may at any stage transfer any suit appeal or other proceedings under this Act pending before a Court in one Province to a Court in another Province, competent to try or dispose of the same-”.
    (3) Any Court to which a suit, appeal or proceeding is transferred under the proceeding sub‑sections, shall, notwithstanding anything contained in this Act, have the jurisdiction to dispose it of in the manner as if it were instituted or filed before it:
    Provided that on the transfer of a suit, it shall not be necessary to commence the proceedings before the succeeding Judge de novo unless the Judge. for reasons to be recovered in writing, directs otherwise.
    Punjab Ordi. 24 of 1971, S. 4.
    Sindh Amendment:

    “25‑B. Stay of proceedings by the High Court and District Courts.‑‑Any suit, appeal or proceeding under this Act, may be stayed:
    (a) by the District Court, if the suit or proceeding is pending before a Family Court within its jurisdiction; and
    (b) by a High Court, in the case of any suit, appeal or proceeding.”
    “Provided that the stay application shall be finally decided by the District Court or the High Court, as the case may be, within thirty days failing which the interim stay order shall cease to be operative.”
    Punjab Ord. 24 of 1971, S. 4.

    26. Power to make rules.‑‑(1) Government may, by Notification in the official Gazette, make rules to carry into effect the provisions of this Act.
    (2) Without prejudice to the generality of the provisions contained in sub‑section (1) the rules so made may, among other matters, provide for the procedure, which shall not be inconsistent with the provisions of this Act, to by followed the Family Courts.

  • Copy Right Registration in Pakistan

    Copyright is a form of protection provided to the authors of original works of authorship including literary, dramatic, musical, artistic, cinematographic, recording and certain other intellectual works.

    We provide following services in the field of Copyright:

    • Conducting copyright search
    • Registration, filing and prosecuting copyright application
    • Copyright Oppositions
    • Drafting of license agreements
    • Infringement proceedings
    • Litigation

    Please Contact Us for further consultation.

    Regular Website:  https://www.irfanlaw.com

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan

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  • Difference between Talaq and Khulla

    Talaq is the Islamic term for divorce. A talaq is used to end a contrct of marriage the nikah, under the terms of Islamic sharia. It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Marriage Contract). If the Husband gives Talaq he must also tender Haq Meher to his Wife, whereas if the Wife excercises her right of Talaq then she must relinquish her right to Haq Meher.


    It is important to note that Shia and Sunni Muslims have different rules for performing a Talaq. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the triple talaq, whereas Shi’a scholars view the triple talaq (in one sitting or at one time) as a custom, forbidden by Holy Prophet Muhammad, but reinstated by Umar ibn al-Khattab, and thus  forbidden. Sunni scholars agree to the facts, but deem it halal (“lawful”) anyway.

    Khula is the right of a woman in Islam to divorce and it means separation from her husband. After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother till the age of Hizanat which is seven years for son and age of puberty for daughters.
    After the age of Hizanat, the children have the right to live with the father or the mother, and their opinion will be considered by the court but will not be taken as conclusive and decisive factor.
    A woman seeks a Khula while a man seeks a Talaq. The Iddah period also allows for reconciliation for the husband and wife.

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    Irfan Mir Halepota & Associates

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com

  • Trademark Registration in Pakistan

    In Pakistan the legal basis is the Trademark Law “Trade Marks Ordinance No. XIX” of 2001. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.

    Requirements
    A trademark application has to be filed before the Trademarks Registry by a local agent. A notarized power of attorney is necessary. Foreign applicants do not need a domestic registration.

    Procedure

    The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 2-3 years from first filing to registration. Before registration the trademark application is published in the monthly “Trademarks Journal”. The opposition period is 2 months from publication date of the application.

    Duration

    A trademark registration in Pakistan is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.

    Methods

    NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.

    Extra

    Duly note, if the trademark has not been used within 5 years from issue of the registration certificate or has not been used later for a continuous period of 5 years, it may be subject to cancellation.

    Feel Free to contact us for further consultation.

    Regular Website:  www.irfanlaw.com

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan

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  • Divorce and Khulla under Shariah Law

    There are several ways for establishing divorce in Shariah:

    Both the husband and the wife come to an agreement that they wish to separate through divorce, and the husband then pronounces one declaration of divorce upon his wife….and if the couple do not reconcile before the waiting period of ‘iddah’ (three menstrual cycles of the wife), a divorce in the marriage will be established.

    The husband alone wishes to divorce his wife; in such a case the husband has the right to declare a divorce upon his wife

    The wife alone wishes to divorce her husband; and there are two ways for her to achieve this divorce or ‘khula’:

    She requests her husband that she no longer wishes to remain in marriage with him; and the husband declares a divorce upon her.

    If her husband is not willing to grant her a divorce, the wife is well within her rights in Shariah to approach a Shariah Court and present her divorce case to the Shariah Judge. The Judge would then summon the husband and ask him to declare a divorce upon his wife and free her from the marriage. If the husband for any reason refuses, the Shariah Judge has the right to declare a divorce between the husband and the wife in marriage.

    For more information visit our website

    Website Home page:  www.irfanlaw.com

    If you’re considering divorce or need legal guidance, don’t hesitate to reach out. Call us on phone or WhatsApp at 03212057582 , email [email protected] or visit our office in Karachi. Let us help you move forward with confidence.

    You can contact us for Free Legal Consultation from Canada, Toronto, United States of America, New York, Houston, Los Angles, Mississauga, London, UK, USA, UAE, Dubai, Gulf, Qatar, Abu Dhabi, France, Paris, Germany, Japan, Saudi Arabia, Medina, Makkah, Mecca, Valentine’s Day

    Contact Us

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    Irfan Mir Halepota & Associates

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com

  • Preparation of Divorce Papers in Karachi Pakistan

    If Husband is seeking to give divorce to his wife or on the other hand if a wife is seeking to exercise her delegated right of divorce in her nikhanama, then Divorce papers are prepared by their Lawyers. If both parties agree to divorce each other then a mutual divorce deed is prepared, whereas it is commonly one sided.
    A Divorce Deed is prepared wherein a brief history of marriage and child description is narrated, which is supplemented with terms and conditions of divorce if any. It is also mentioned that the amount of Haq Meher is returned by way of a cheque/ Pay order and the same is tendered along with original Divorce Papers. The Divorce Deed is couriered to the recipient and it is ensured that the same is received.

    A Copy of the Divorce Deed along with copy of the cheque and delivery receipt of the courier is submitted before the concerned union council which upon receiving application will issue notices to the parties for reconciliation.  The Applicant can appoint their lawyer to appear on their behalf who will attend hearing for reconciliation. If reconciliation fails then the concerned union council issues divorce certificate.

    What we can do online for you?

    • Draft Divorce Deed as per Pakistani Laws.
    • Acknowledgement of Service of Divorce Deed.
    • Application to the Concerned Union Council for registration of Divorce Deed .
    • Representation before the Union Council for Confirmation of Divorce.
    • Obtaining Confirmation of registration of Divorce from the Union Council.

    Should our clients opt for negotiation, we shall effectively negotiate on their behalf and aim for alternative dispute resolution avoiding lengthy litigation in court.
    Please note that our Professional Fees is based on the number of hours involved in prepared and contesting your work. However we will give you an estimate of our Professional Fees.

    Feel Free to contact us for detailed discussion.

    Contact Us

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    Irfan Mir Halepota & Associates

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com

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  • Law relating to dishonour of Cheque

    Definition of “dishonoured cheque”, which when presented in the Bank same is refused of payment by the bank because of insufficient funds or it is not in order, it is called dishonestly issuing a cheque is a criminal offence in Pakistan. The law on dishonour of cheque in Karachi is particularly strict. Understanding the law on dishonour of cheque in Karachi is crucial for anyone facing such issues, especially if you are navigating the law dishonour cheque Karachi under the laws and regulations of Pakistan.

    Dishonestly issuing a cheque is governed by section 489-F of the Pakistan Penal Code, 1860. The said section reads as follows:

    489-F Dishonestly issuing a cheque: Whoever dishonestly issues a cheque towards re-payment of a loan or fulfillment of an obligation which is dishonoured on presentation shall be punishable with imprisonment which may extend to three years and with fine unless he can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honoured and that the bank was at fault in not honouring the cheque. This section highlights the serious nature of complying with the law dishonour cheque Karachi.

    The offence under this section is cognizable by police, non-bailable and compoundable.

    Please note each case has to be seen on its own facts and circumstances, especially under the law dishonour cheque Karachi context.

    Our Team is well trained in dealing with the law regarding dishonour of cheques in Karachi. We provide advice on cheque bouncing, recovery of debt, recovery of money, legal notice for cheque dishonor, lodging of First Information Report (F.I.R.) and other related matters to individual persons, firms, companies & Corporations both local and foreign. You can contact us for detailed consultancy and advice for issues related to the law dishonour cheque Karachi.

    Contact

    Contact us to contact the best lawyer in Karachi, Pakistan. For more information and articles relating to Pakistani Laws, you may visit our blog for guidance on how to contact the team of best lawyer in Karachi, Pakistan to resolve your legal issues. Make sure to contact a lawyer in Karachi if you need legal assistance regarding the law on dishonour cheques. It is especially important to understand the specific law dishonour cheque Karachi.

    Irfan Mir Halepota & Associates can help if you need to contact the best lawyer in Karachi, Pakistan. They also welcome you to contact their office for more information regarding your legal concerns with respect to the law dishonour cheque Karachi.

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation with a lawyer in Karachi, Pakistan. It is crucial that you contact a lawyer if you need legal help regarding the law on dishonour cheques in Karachi, ensuring you are well-informed about the law dishonour cheque Karachi.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan. For assistance, contact a lawyer in Karachi, Pakistan, without any delay to handle your case effectively.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com. When you need to contact someone, the website provides full details for getting in touch with a qualified lawyer in Karachi, Pakistan, especially useful when dealing with the specific law dishonour cheque Karachi details.

  • Court Marriage Procedure in Karachi Pakistan

    Our Law Firm is commonly engaged for court marriages legal services. If you are looking for information on the court marriage procedure in Karachi, Pakistan, our Support Staff shall facilitate court nikahnama as well as affidavit of Free Will, which is legally recognized and enforceable under Muslim Personal Law. The Court Marriage Procedure Karachi Pakistan is streamlined to ensure compliance.


    The procedure for court marriage is to supply copies of National Identity Card, Two copies of photos with white or blue background and proper verification of age and identity. The minimum age for a Girl to get married is 16 and for a boy is 18 years. Under age marriage of child is prohibited under the law. Age verification is necessary and the same can be done by way of producing copies of National Identity Card, Form B or Educational Certificate. Understanding this procedure will help in preparing the required documents for Court Marriage Procedure Karachi Pakistan.


    We keep the record of our clients confidential and secure and therefore, you can trust on our ability to serve you in the best possible manner. Our experience with this process ensures smooth handling of the Court Marriage Procedure Karachi Pakistan. The team of our lawyers also deal with the Muslim and Christian Divorces.

    Regular Website:  https://www.irfanlaw.com

    Contact Us

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    Irfan Mir Halepota & Associates

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com

    We are also planning to open our branch office at Bahria Town Karachi very soon, for that if you have any suggestion for location please feel free to indicate for better serving our clients.

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  • Christian Divorce in Pakistan

    Christian divorce is regularized under Christian Divorce Act 1869. Under Christian law either party has no right to pronounce divorce upon other party like Muslim Family Law. Only court has power to declare the marriage null and void or grant judicial separation or dissolve the marriage between the spouses. Therefore, for dissolution of Marriage either party has to file the Civil Petition before the Civil Judge.
    Under section 10 of the Divorce Act 1869 husband may file petition for the dissolution of Marriage to the civil judge by filing civil petition praying that his marriage may be dissolve on the ground that his wife has since the solemnization thereof been guilty of adultery.
    And if wife want to dissolve her marriage she will also file the civil petition before civil judge praying that her marriage may be dissolve on the ground that his husband since the solemnization thereof exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with other woman.
    Or guilty of incestuous adultery
    Or bigamy with adultery
    Or marriage with another woman with adultery
    Or rap, sodomy or bestiality
    Or adultery coupled with such cruelty as without adultery would have entitled her to divorce a mensa et toro
    Or adultery coupled with desertion without reasonable excuse for two years or upward.
    Other way of separation is to declare the marriage null and void. The court can declare the marriage null and void under section 18 of the Divorce Act 1869. The grounds for nullity of marriage are mentioned in section 19 of the Divorce Act which is as under:-
    1. That the respondent was impotent at the time of marriage and at the time of institution of suit.
    2. That the parties are within the prohibited decrees of Consanguinity (whether natural or legal) or affinity.
    3. That either party was a lunatic or idiot at the time of marriage.
    4. That former husband or wife of either party was living at the time of marriage, and the marriage with such former husband or wife was then enforce.
    There are no other ground in law for the dissolution of Marriage or declaring the marriage null and void except the above.

    For more information please visit our website

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    Contact Us

    Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

    Irfan Mir Halepota & Associates

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com

  • Child Marriage Restraint Act, 1929 Pakistan

    An Act to restraint the solemnization of child marriages.

    Whereas it is expedient to restrain the solemnization of child marriages:

    It is hereby enacted as follows:


    1. Short titled, extent and commencement.
    (1)    This Act may be called the Child Marriage Restraint Act (1929).
    (2)    It extends to the whole of Pakistan and applies to all citizens of Pakistan wherever they may be.
    (3)    It shall come into force on the 1st day of April, 1939.

    2. Definitions.
    In this Act, unless there is anything repugnant in the subject or context,
    (a)    “child” means a person who, if a male, is under eighteen years of age, and if a female, is under sixteen years of age;
    (b)   “child marriage” means a marriage to which either of the contracting parties is a child;
    (c)    “contracting party” to a marriage means either of the parties whose marriage is or is about to be thereby solemnized;
    (d)    “minor” means person of either sex who is under eighteen years of age,
    (e)    “Union Council” means the Union Council or the Town Committee constituted under the Law relating to Local Government for the time being in force.


    PUNJAB AMENDMENT IN SECTION 2:
    (i)    at the end of clause ©, the word “and” shall be added;
    (ii)    the comma appearing at the end of clause (d) shall be replaced by a full stop; and
    (iii)    clause e shall be omitted.
    Punjab Ordinance, 23 of 1971.


    3. Omitted    by Muslim Family Laws Ordinance, 1961 (VIII of 1961 S. 12 (w.e.f. 15.07.1961).


    4. Punishment for male adult above eighteen years of age marrying a child.
    Whoever, being a male above eighteen years of age, contracts child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

    5. Punishment for solemnizing a child marriage.
    Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both, unless he proves that he had reason to believe that the marriage was not a child marriage.

    6. Punishment for parent or guardian concerned in a child marriage.
    (1)    Where a minor contracts a child marriage any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnized, or negligently fails to prevent it from being solemnized, shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both:
    Provided that no woman shall be punishable with imprisonment.
    (2)    For the purpose of this section, it shall be presumed, unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnized.


    7. Imprisonment not to be awarded for offence under section 3.
    Notwithstanding anything contained in section 25 of the General Clauses At, 1897, or section 64 of the Pakistan Penal Code, Court sentencing an offender under section 3 shall not be competent to direct that, in default of payment of the fine imposed, he shall undergo only term of imprisonment.


    8. Jurisdiction under this Act.
    Notwithstanding anything contained in section 90 of the Code of Criminal Procedure, 1898, no Court other than that of a Magistrate of the First Class shall take cognizance of or try any offence under this Act.

    9. Mode of taking cognizance of offence.
    No Court shall take cognizance of any offence under this Act except on a complaint made by the Union Council, or if there is no Union Council in the area, by such authority as the Provincial Government may in this behalf prescribe, and such cognizance shall in no case be taken after the expiry of one year from the date on which the offence is alleged to have been committed.

    PUNJAB AMENDMENT

    In section 9:
    The words and commas “except on a complaint made by the Union Council, or if there is no Union Council in the area, by such authority as the Provincial Government may in this behalf prescribe, and such cognizance shall in no case be taken” occurring after the words “under this Act” and before the words “after the expiry” shall be omitted.
    Punjab Ordinance, 23 of 1971, S. 3.


    10. Preliminary inquiries into offences under this Act.
    The Court taking cognizance of an offence under this Act shall, unless it dismisses the complaint under section 203 of the Code of Criminal Procedure, 1898, either itself make an inquiry under section 202 of that Code or direct a Magistrate of the First Class subordinate to it to make such inquiry.

    11. Omittedby Muslim Family Laws Ordinance, 1961.

    12. Power to issue injunction prohibiting marriage in contravention of this Act.
    (1)    Notwithstanding anything to the contrary contained in this Act, the Court may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contravention of this Act has been arranged or is about to be solemnized, issue an injunction against any of the persons mentioned in sections 3, 4, 5 and 9 of this Act prohibiting such marriage.
    (2)    No injunction under sub-section (1) shall be issued against any person unless the Court has previously given notice to such person, and has afforded him an opportunity to show-cause against the issue of the injunction.
    (3)    The Court may either on its own motion or on the application of any person aggrieved, rescind or alter any order made under sub-section (1).
    (4)    Where such an application is received, the Court shall afford the applicant an early opportunity of appearing before it either in person or by pleader, and if the Court rejects the application wholly or in part, it shall record in writing its reasons for so doing.
    (5)    Whoever, knowing that an injunction has been issued against him under sub-section (1) of this section disobeys such injunction shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both:
    Provided that no woman shall be punishable with imprisonment.

    For more information please visit our website

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  • Dowry and Bridal Gifts (Restriction) Act, 1976

    An Act to provide for restrictions on dowry and bridal gifts
    WHEREAS it is expedient to provide for restrictions on dowry and bridal gifts and for matters connected therewith or ancillary thereto. It is hereby enacted as follow:-

    S-1: Short title, extent and commencement.
    (1) This Act may be called the Dowry and Bridal Gifts (Restriction) Act, 1976.
    (2) It extends to the whole of Pakistan and applies to all citizens of Pakistan.
    (3) It shall come into force at once.

    S-2: Definitions.
    In this Act, unless there is anything repugnant in the subject or context,–
    (a) “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 the marriage but does not include Mehr;
    (b) “dowry” means any property given before, at or after the marriage, either directly or indirectly, to the bride by her parents in connection with the marriage but it does not include property which the bride may inherit under the laws of inheritance and succession applicable to her.
    (c) “marriage” includes betrothal, nikah and rukhsati;
    (d) “parents’ includes the guardian of party to a marriage and any person who provides for dowry or bridal gifts and, in the case of a party to a marriage who has no parent, or whose marriage is solemnized in circumstances in which, or at a place at which, no parent is present, such party;
    (e) “present” means a gift of any property, not being a bridal gift or dowry, given before, at or after the marriage, either directly or indirectly, to either party to a marriage in connection with the marriage or to the relatives of the bride or bridegroom but does not include neundra and salami;
    (f) “property” means property, both moveable and immovable, and includes any valuable security as defined in the Pakistan Penal Code (Act XLI of 1860); and
    (g) “Registrar” means a Nikah Registrar licensed under the Muslim Family Laws Ordinance, 1961 (VII of 1961), and such other person as may be designated from time to time to perform the functions of the Registrar.

    S-3: Restriction on dowry, presents and bridal gifts.
    (1) Neither the aggregate value of the dowry and presents given to the bride by her parents nor the aggregate value of the bridal gifts or of the presents given to the bridegroom shall exceed five thousand rupees:
    Explanation:
    The ceiling of five thousand rupees specified in this sub-section does not in any way imply that the dowry, bridal gifts and presents of a lesser amount may not be given.
    [(1-A). No person shall give or accept, or enter into an agreement to give or to accept dowry, bridal gifts or presents of a value exceeding the aggregate value specified in subsection (1)].
    [(2) No dowry, bridal gifts or present may be given before six months or after one month of nikah and, if rukhsati takes place some time after nikah after one month of such rukhsati].

    S-4: Restriction on presents.
    No person shall give to either party to the marriage any present value of which exceeds on husband rupees:
    Provided that the limit of one hundred shall not apply to the presents given to the bridegroom by the parents of the bride under sub-section (1) of section 3:
    Provided further that the President, the Prime Minister, Federal Minister, Chief Minister, Minister of State, Adviser, Governor, Speaker, deputy Speaker, the Chairman or the Deputy Chairman of the Senate, Parliamentary Secretary, member of the Senate, National Assembly or Provincial Assembly, Government Servant, or an official serving in any corporation, industry or establishment owned, controlled or managed by Government shall not receive any present in connection with his marriage or the marriage of his son or daughter except from his relations (khandan).
    Provided further that this restriction shall not apply to a Government servant or official serving in the scale below national Pay Scale 17 not exercising in any manner judicial, revenue or executive authority.

    S-5: Vesting of dowry, etc.
    in the bride. All property given as dowry or bridal gifts and all property given to the bride as a present shall vest absolutely in the bride and her interest in property however, derived shall hereafter not be restrictive, conditional or limited.

    S-6: Expenditure on marriage.
    The total expenditure on marriage, excluding the value of dowry, bridal gifts and presents, but including the expenses on mehndi, barat and valima, incurred by or on behalf of either party to the marriage shall not exceed two thousand and five hundred rupees.

    S-7: Display of dowry, etc.
    Omitted by Ord. 36 of 1980, section 3.

    S-8: Declaration regarding expenditure to be submitted to Registrar.
    (1) The father of the bridegroom or any other person who arranges the marriage shall, within fifteen days of the expiry of the period fixed under sub-section (2) of section 3 for giving dowry, bridal gifts and presents, and entertainment did not exceed the limits laid down in this Act.
    (2) The Registrar shall forward the declaration submitted under sub-section (1) to the Deputy Commissioner within fifteen days of receipt of such declaration.

    S-8-A: Complaints against violation of the Act.
    If any person attending a marriage ceremony is satisfied that the provisions of this Act or the rules made thereunder has been contravened in respect of such ceremony, he may submit a complaint, giving full particulars of the contravention, to the Deputy Commissioner].

    S-9: Penalty and Procedure.
    (1) Whoever contravenes, or fails to comply with, any provision of this Act or the rules made thereunder shall be punishable with imprisonment of either description for a term which may extend to six months, or with fine [which shall not be less than the amount proved to have been spent in excess of the maximum limit laid down in this Act] or with both, and the dowry, bridal gifts or presents given or accepted in contravention of the provisions of this act shall be forfeited to the Federal Government to be utilized for the marriage of poor girls in such a way as may be prescribed by rules made under this Act:
    Provided that if both the parents of a party to the marriage contravene, or fail to comply with, any provision of this Act or the rules made hereunder, action under this section shall be taken only against the father:
    Provided further that if the parent who contravenes, or fails to comply with, any provision of this act or the rules made there under is a female, she shall be punishable with fine only.
    (2) Any offence punishable under this Act shall be tribal only by a Family Court established under the West Pakistan Family Courts Act, 1964 (W.P. Act No. XXV of 1964).
    (3) No Family Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by , or under the authority of, the Deputy Commissioner within.
    [three] months from the date of nikah, and if rukhsati takes place some time after nikah, from the date of such rukhsati.
    (4) While trying an offence punishable under this Act, Family Court shall follow the procedure prescribed by the Code of Criminal Procedure, 1898 (Act V of 1898), for the trial of offences by Magistrates.

    S-10: Power to make rules.
    The Federal Government, in respect of the Islamabad Capital Territory, and a Provincial Government in respect of the Province, may, by notification in the official Gazette, make rules for carrying out the purposes of this Act].

    S-11: Omitted by Ord. 27 of 1981.
    [17th August 1976]

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