Family and Divorce Law in Pakistan
Family law is an area of the law that deals with family-related issues and domestic relations including: the nature of marriage, civil unions, and domestic partnerships; issues arising throughout marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and ancillary matters including divorce, Khula, annulment, property settlements, child custody and visitation, child support.
The court of Law have been settled in all major cities of Pakistan including Karachi, for settlement of all family related issues. In Karachi family Law courts are situated in District Courts Karachi, which are commonly known as City Courts.
Generally majority of people approach Family courts in Karachi for getting Khulla (Divorce). We are well experienced in dealing with Divorce matters which is called Khulla under the Islamic law, when woman approach court for getting divorce.
The Khula can be granted to a woman on the one of the following grounds:
Desertion by husband for four years,
Failure to maintain for two years
Husband’s failure to perform marital obligations,
Husband’s continued impotence from the time of the marriage,
Husband’s insanity ,
Wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),
Husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives), and
Any other ground recognized as valid for the dissolution of marriage under Muslim law.
In Pakistan following laws are applicable in the Family matters:
Guardians and Wards Act 1890
Child Marriage Restraint Act 1929
Dissolution of Muslim Marriages Act 1939
Muslim Family Law Ordinance 1961
(West Pakistan) Muslim Personal Law (Shariat) Application Act 1962
(West Pakistan) Family Courts Act 1964
Offence of Zina (Enforcement of Hudood) Ordinance 1979
Law of Evidence (Qanun-e-Shahadat) Order 1984
Enforcement of Sharia Act 1991
Dowry and Bridal Gifts (Restriction) Act 1976
Prohibition (Enforcement of Hudood) Order 1979
Offence of Qazf (Enforcement of Hudood ) Order 1979
Execution of Punishment of Whipping Ordinance 1979
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Irfan Mir Halepota, Advocate Supreme Court of Pakistan.
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