Family Law and Family Lawyers of Our Law Firm in Pakistan

Family Law is a complex area of law that can often be difficult for the average person to understand. That’s why it’s important to have the help of an experienced Family Lawyer. At our law firm, we provide legal representation for both domestic and international families. We also have experts in Family Law who can help you with a variety of issues, including marriage, child adoption, divorce, child custody, and estate planning. If you need help with Family Law in Pakistan, please don’t hesitate to reach out to us. We would be happy to discuss your specific legal needs with you and answer any questions you may have.

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What is Family Law?

Family Law is the legal system that governs the family, including marriage, divorce, child custody, and inheritance. The term “Family Law” can refer to any legal matter that affects a family unit, such as divorce, property settlement, or wrongful death.

At our law firm in Pakistan, we specialize in Family Law. We have years of experience helping families resolve their disputes peacefully and efficiently. Our team of lawyers is dedicated to providing excellent service and advice.

 

If you’re involved in a Family Law dispute, don’t hesitate to contact us. We’ll help you resolve your problem as quickly and efficiently as possible.

What is a Family Lawyer?

A Family Lawyer is a legal professional who specializes in the field of Family Law, which includes matters such as marriage, divorce, child custody and child support, orders of protection, and estates. Family Lawyers may also provide advice on other legal issues that can affect families, such as estate planning.

A Family Lawyer can provide guidance and representation in a variety of Family Law matters. Family Lawyers can help individuals navigate the legal system and protect their rights. Some common services offered by Family Lawyers include: 

-Advising individuals on their legal rights and options

-Participating in negotiations between couples or families involved in a dispute

-Representing clients before courts and other administrative bodies

-Providing support during court appearances

Responsibilities of a Family Lawyer in Pakistan

Family Lawyer in Pakistan can provide legal assistance in many different areas of Family Law, including marriage, divorce, child custody, and inheritance. The responsibilities of a Family Lawyer in Pakistan can vary depending on the specific jurisdiction in which they practice. In general, however, a Family Lawyer in Pakistan should be well-versed in all aspects of Pakistani Family Law and be able to provide sound legal advice to clients.

Family Lawyers should Provide Legal Advice To Clients

One of the most important responsibilities of a Family Lawyer in Pakistan is providing sound legal advice to clients. A Family Lawyer in Pakistan should be able to advise clients on the best way to resolve their individual disputes and help them understand their rights and obligations under Pakistani Family Law. Additionally, a Family Lawyer in Pakistan should be able to represent clients in court proceedings related to their disputes with each other.

Family Lawyers should be well-versed in all aspects of Pakistani Family Law

A Family Lawyer in Pakistan may also have involvement in other areas of legal work relating to families. In general, a Family Lawyer should be well-versed in all aspects of Pakistani Family Law so that they can provide sound legal advice and representation to their clients.

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Family Laws in Pakistan

Family Law in Pakistan is based on Sharia. In actuality, Family Law in Pakistan is a mixture of Sharia and English Law. Pakistan is a Muslim-majority country, and as such, Family Law is based on Islamic principles. Pakistan’s legal system is based on the British common law system. The Pakistani Constitution provides for a number of fundamental rights, including the right to equality before the law and the right to due process.

A dual legal system exists in Pakistan, with both secular and sharia courts.

Courts of Sharia

 Family Law matters are handled by Sharia courts. Different types of sharia courts exist, such as the Council of Islamic Ideology, which advises the government on religious matters, and the Federal Shariat Court, which can strike down unIslamic laws.

 Families in Pakistan are governed by a variety of laws. A few examples of these are the Muslim Family Laws Ordinance of 1961, the Dissolution of Muslim Marriages Act of 1939, and the Muslim, and the Muslim Personal Law (Shariat) Application Act of 1937.

 

 Family Law in Pakistan is Based on Teachings of Islam

 

Islam plays a very important role in Family Law in Pakistan. The legal system in Pakistan is based on Islamic teachings, and Islamic law governs Family Law.

Islam is the primary source of Family Law in Pakistan. In Islam, marriage is a contract between two people and it is based on trust and mutual respect. The husband is responsible for taking care of his wife and children. If a woman unhappy with her marriage seeks divorce, she must provide reasonable grounds for her request.

Sharia Law in Pakistan

In order to protect the rights of spouses, Pakistani courts often apply Sharia law when adjudicating disputes between couples. Sharia law includes provisions regarding divorce, custody arrangements, financial support for children, and other matters related to marriage and family life. Because Sharia law is interpreted differently by different judges in Pakistan, there can be significant disparities in the way different cases are resolved. This can lead to long delays in getting decisions rendered on disputes between couples.

If you are seeking a divorce in Pakistan, you should contact an experienced Family Lawyer to help guide you through the process. A Family Lawyer can help you prove that your spouse has violated your rights and can help negotiate a settlement agreement that meets your needs.

In Pakistan, Family Law is based on the teachings of Islam. Muslim families are expected to abide by strict rules regarding marriage, divorce, and inheritance. 

Muslim Family Law in Pakistan

The Muslim Family Law system in Pakistan is based on Sharia (Islamic law). Sharia is derived from the Quran and the Sunnah (the teachings of Prophet Muhammad). Muslims believe that Islamic law is the perfect law for human society. Muslims are required to follow Sharia as it provides guidance for all aspects of life.

 

The sharia covers all aspects of life, including marriage, divorce, inheritance, and child custody. Sharia also provides for a variety of legal measures to protect women and children, such as guardianship laws and special marital courts that hear cases involving domestic violence or dowry disputes. The Muslim Family Laws Ordinance 1961 codifies Muslim Family Law in Pakistan.

Muslim Family Laws Ordinance 1961

  • The Muslim Family Laws Ordinance, 1961 is a landmark piece of legislation in Pakistan that regulates the rights and obligations of Muslims in regard to Family Law. The ordinance establishes the principle of inheritance according to Sharia law and sets out the procedures for divorce and marriage. It also provides for the protection of children from abuse and establishes guidelines for child custody and visitation. The ordinance is based on the principles of Islam, which emphasize the importance of family ties.

    Today, the Muslim Family Laws Ordinance remains an important source of guidance for Muslims in Pakistan as they seek to resolve disputes related to family matters. If you are seeking legal assistance with a family matter in Pakistan, be sure to consult with a qualified lawyer who is familiar with the provisions of the Muslim Family Laws Ordinance.

Our Law Firm's Speciality is Family Law

Our law firm’s specialty is Family Law. We have a team of experienced and qualified lawyers who can help you with any legal matter related to your family. Our lawyers have experience in both civil and criminal proceedings, so they can provide you with comprehensive advice and assistance.

We also offer a range of services related to Family Law, including divorce, child custody, domestic violence, and much more. We will work hard to get the best possible outcome for you and your loved ones. Contact us today if you need help with any aspect of Family Law in Pakistan.

Areas under Family Law

Areas under Family Law:

  • Marriage

  • Divorce

  • Khula

  • Child custody and visitation

  • Child Adoption

Domestic Violence

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Marriage in Family Law

Different types of Family Laws are followed in different countries. Pakistan follows Muslim Family Law which is based on Sharia law. The rules regarding marriage, divorce, and custody are mainly determined by the Quran and Sunnah.

In Pakistan, marriage is governed by Muslim law. Under Muslim law, a marriage is a contract between two people. The couple must have the consent of both parents or legal guardians to get married. Once the couple gets married, they are considered husband and wife and are responsible for each other’s well-being. If one of the spouses dies, their spouse’s family can file for divorce on their behalf.

Types of Marriages under Pakistan Law

There are three types of marriages under Pakistani law: 

Sunni Muslim Marriage:

This is a marriage between two Muslims who must both be of the same religion. The marriage must be solemnized by a Muslim priest or imam.

The Hanafi school of thought governs this type of marriage, following the customary rules it establishes. In Sunni Muslim marriages, men must be 18 years old and women must be 16 years old. The bride’s guardian (wali) must consent to the marriage on her behalf. Her wali can be her father, grandfather, brother, or any other male relative appointed by her father as her guardian. Remarrying a divorced or widowed bride requires the consent of her guardian.

Shia Muslim Marriage:

This is a marriage between two Muslims who must both be of the same sect of Shia Islam. The marriage must be solemnized by a Shia Muslim religious leader.

This type of marriage follows the customary rules laid down by the Jafari school of thought. Shia Muslim marriages require that men are 18 years old and women are 16 years old. A guardian (wali) must consent to the marriage on behalf of the bride, but unlike Sunni Muslims, a woman can appoint her own guardian if she does not have a male relative who can act on her behalf.

Christian Marriage: 

Christian Personal Laws govern Christian marriages in Pakistan

This is a marriage between two Christians who must both be of the same faith. The marriage must be solemnized by either a Christian minister or an authorized civil authority.

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Divorce in Family Law

Family Law is law that governs the relationship between spouses, parents, and children, as well as other relatives. In Pakistan, divorce is governed by Muslim Personal Law (Sharia). Under Sharia, a couple can get divorced by declaring their separation in writing or through a public declaration. A divorce may be unilateral or bilateral.

Unilateral Divorce

A unilateral divorce is where one spouse divorces the other without involving the court.

Bilateral Divorce

A bilateral divorce is where both spouses go to court to get a divorce.

In Pakistan Dissolution of Muslim Marriage Act, 1939 regulates Divorce.

Muslim husbands are allowed to unilaterally divorce their wives under this Act by pronouncing talaq. As soon as talaq is pronounced, the marriage is dissolved and the wife becomes haram (unlawful) for the husband. Divorce proceedings can also be initiated by the wife by approaching a court and proving that her husband has divorced her or failed to fulfill his marital obligations.

Grounds for Divorce in Family Law

There are four grounds for divorce under Pakistani law: adultery, cruelty, desertion for more than two years, and incompatibility. The courts will consider all of the circumstances surrounding the marriage when making a decision on whether to grant a divorce. Divorce proceedings are usually handled through family courts.

As soon as the divorce decree is granted by the court, both parties are free to remarry. Before remarrying her former husband, a divorced woman must observe iddah (a four-month waiting period during which she cannot marry anyone else).

Khula in Family Law

In the Pakistani context, khula is a procedure by which a woman can get her husband to return conjugal rights and financial support. Theoretically, khula is available to all married women irrespective of their religious affiliation. However, its application is generally restricted to Hindus and Muslims due to cultural sensitivities. 

In Pakistan, khula is primarily governed by Islamic law, specifically the Muslim Family Law Ordinance 1961. This ordinance sets out specific procedures for khula, including the requirements for plaintiffs (the wife seeking khula) and defendants (the husband seeking khula).

The plaintiff must provide evidence that she has been abused or mistreated by her husband in some way. The court may also require the husband to pay financial compensation to the wife if he is found guilty of abusing her.

The defendant must provide evidence that he has not been mistreating his wife and that any property transferred to her should be returned to him. If the defendant refuses to give his wife back her property, the court may order it confiscated by either party.

 

In practice, khula can be difficult to achieve because it requires both parties to cooperate and agree on a fair resolution. Because it is a religious practice, many couples hesitate to go through with it because they are concerned about how their families will react.

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Our Attorneys Have Experience of years in Family Law

We at our law firm have years of experience in Family Law and have handled cases such as marriage, divorce, custody, and inheritance. We understand the complex dynamics of family relationships and can provide you with sound legal advice to help resolve any disputes that may arise. Our attorneys have experience working with families from all cultures, so you can be assured of their professional guidance throughout your case.

Child Custody in Family Law in Pakistan

Pakistan has a complex legal system, with separate Family Laws for Muslims and Hindus. The Pakistan Penal Code (PPC) governs criminal offenses, while the Family Law Ordinance 1956 regulates marriage, divorce, custody, and other issues concerning families.

 

There are a number of Family Law issues in Pakistan that need to be taken into account when deciding on child custody. These issues can include joint custody, child support, visitation rights, and paternity.

Sole Custody

Sole Custody is the legal doctrine that holds that one parent has sole custody of their children. This means that the parent who has sole custody can make all decisions regarding the child’s care, including where they live and how they are raised. Sole custody is usually granted to the mother, but it can also be granted to a father if he can demonstrate that he is best suited to care for the child.

Joint Custody: 

In Pakistani law, joint custody refers to the right of parents to share custody of their children equally. This means that both parents have an equal say in how their children are raised and must make reasonable efforts to agree on decisions affecting the children. Joint custody is usually determined based on the best interests of the child.

Under Pakistani law, parents have equal rights to their children. If both parents are able to care for their children equally, joint custody is usually awarded. If one parent can best care for the child, sole custody may be granted. If there is a conflict between the parents regarding custody of the child, the court will decide who should have primary responsibility for the child’s welfare.

Guardianship

If one of the parents dies or is unable to care for the child, then guardianship may be granted to a relative or friend of the deceased or incapacitated parent. Guardianship usually lasts until the child reaches 18 years old or until a court determines that a different guardian should be appointed.

Child Support: 

Pakistani law requires parents to financially support their children until they reach the age of 18 or become self-supporting. Child support is calculated based on a number of factors, including the income and resources of the parent who is responsible for paying support, the ages and needs of the child and parent, and any other obligations that the parent may have toward the child.

Visitation Rights: 

Visitation rights are another important issue in Pakistani Family Law. This term refers to the right of one parent to visit their child regularly. The court will typically decide which parent has visitation rights based on a number of factors, including whether either parent has been neglectful or abusive toward the child.

Paternity: 

Paternity testing is becoming increasingly common in Pakistani Family Law. This testing is used to determine whether a man is actually the father of a child conceived through sexual intercourse. If a man is determined to be the father of a child he may

Child Adoption in Family Law in Pakistan

In Pakistan, child adoption is a legal process that allows a parent to legally adopt their child. This process can be difficult to navigate and requires the assistance of a Family Lawyer. In order to adopt a child in Pakistan, you must meet certain criteria set by the government. The parents must be married and the adopted child must be under the legal age of 18 years old. The parents must also have valid residency in Pakistan and be able to provide a safe and stable home for the adopted child.

 

If you are considering adopting a child in Pakistan, it is important to speak with a qualified Family Lawyer. A lawyer can help you understand all of your options and guide you through the paperwork required for adoption.

If you need help with a Family Law issue in Pakistan, please don’t hesitate to contact our law firm. We have experience handling a wide variety of Family Law issues and can offer advice on the best way to approach your situation.

Family Law regarding Domestic Violence 

Domestic violence is a problem that plagues many families in Pakistan. It can take many different forms, from verbal and emotional abuse to physical violence. If you are a victim of domestic violence, it is important to get help. You may be able to get protection from your abuser through the criminal justice system or through Family Law.

If you are experiencing domestic violence, it is important to seek help from a professional. There are many resources available for victims of domestic violence, including shelters and hotlines. You may also want to consult with a Family Lawyer about your legal options. A Family Lawyer can help you gather evidence to support your case and provide advice on how best to protect yourself from further abuse.

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Contact Us For Family Law Services

If you are in need of Family Law services, our law firm can help. Our lawyers have 37 years of experience helping families resolve their legal disputes. We offer a free consultation to discuss your particular situation and provide you with a detailed explanation of our services.

If you need legal assistance in order to protect your rights as a spouse, parent, or child, contact us today for a free consultation. We can help you understand your legal rights and options and help take the steps necessary to achieve a resolution..