Divorce is not necessary for Child Custody

It is not necessary for a husband to divorce his wife for obtaining child custody or guardianship from family court. Similarly it is not necessary for a wife to obtain khula or get divorce from husband for obtaining child custody or guardianship from court.

It is possible that the marriage of the parties remain intact and they contest custody or guardianship cases against each other. Child Custody of Guardianship has nothing to do with divorce or khula of spouses.

Child custody cases are governed under the provisions of section 12 and 25 of the Guardians and Wards Act 1890 while Guardianship cases are governed under the provisions of Section 7, 17 and 19 of the same act. For facilitation of parties these cases are conducted by the Family Courts under the provisions of the West Pakistan Family Courts Act 1964 and West Pakistan Family Courts Rules 1965.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

There is no such thing as Khula Application

According to Islamic Law and according to Pakistani Family Law System a husband has right to divorce his wife. If a wife does not like to live with her husband and husband refuses to divorce her then she can obtain Khula against him.

In the old Islamic System Khula was obtained by a woman through Qazi. Qazi is the designation of Judge in Islamic Law. In Pakistani Legal System, a Family Judge enjoys the status of a Qazi and has legal authority to decide family cases.

A case of Khula also comes under the jurisdiction of a Family Judge in Pakistan. A case for dissolution of marriage on the grounds of Khula is filed before the family judge of the jurisdiction where the wife resides for obtaining Khula. 

Grounds for dissolution of marriage are mentioned in Section 2 of the Dissolution of Muslim Marriages Act 1939. We can also invoke the additional grounds if any which are not even mentioned in that section. 

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Regards,

Salman Yousaf Khan (Golra)

International Family Lawyer

+92-333-5339880

Divorce is not possible during pregnancy

When a girl is pregnant, divorce or khula is not possible. It is a protection given to a mother to be from Allah. A case for dissolution of marriage has no importance if the girl is pregnant because Khula or divorce both are not possible during pregnancy.

If a husband pronounces divorce to his wife during her pregnancy, that divorce becomes effective after the delivery of child. The iddat of wife starts after delivery of child. The divorce in that concludes after 90 days of delivery of child if no reconciliation takes place in between the parties.

Even if a husband pronounces divorce hundred times during pregnancy, it doesn't become divorce during the tenure of pregnancy.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

Column 13 to 17 are very important in Nikahnama

Nikah is a civil contract of Marriage between Muslim Spouses. Nikahnama is the document that records this contract and it gets registered under the provision of Muslim Family Laws Ordinance 1961 in Pakistan.

There are various rows with numbers in a Nikahnama which are often referred as columns of Nikahnama. The initial columns usually deal with the details about Bride and Groom and their witnesses while the ending columns deal with the signature of parties and their witnesses.

The columns in between are very important as they are the essence of contract of Nikah. From Column 13 to 17, the consideration of Nikah is mainly the content. These columns define what is Haq Mehr?, how much Haq Mehr is given at the time of Nikah?, how much Haq Mehr is prompt?, how much is deferred?, conditions of haq mehr?, any gift or property given in haq mehr and so on.

Whatever is written there is important as the parties are liable to comply with that at later stage of life. In cases of dispute, the court presumes that whatever is written there is true. So it is best to review these columns before signing Nikahnama.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

Witnesses are very important in Nikahnama

It is very important to have trustworthy witnesses in a Nikahnama. Although at the time of Nikah we all wish the relationship to last forever but we never know the future. God Forbade anything can go wrong at any time in life.

The witnesses of Nikahnama are important in many scenarios. Usually they are not required to be disturbed at any stage in life. However, when the sanctity of a Nikahnama is challenged, the witnesses of Nikahnama hold importance.

Nikahnama is just documentation of Nikah. Nikah is a Muslim Marriage between Muslim Spouses but on the other hand it is a contract of civil nature between a Husband and a Wife. When this contract becomes disputed, the witnesses can be summoned and recalled in court for verifying the contents of Nikahnama.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

Single Member Company is a Private Limited Company

A single member company is a private limited company by status and the procedure of its registration is somewhat similar to the procedure of a Private Limited Company. A Private Limited Company has at least 2 partners required for its incorporation while a single member company is formed by a single member.

In the name of a Single Member Company the words "SMC" are written while in the Private Limited Company no such words are written. Similarly a person with a designation of Company Secretary has to be appointed in the Single Member Company while no such company secretary is required in a private limited company.

A nominee director is required in a Single Member Company while no nominee director is required in an ordinary Private Limited Company. A nominee director is the one that looks after the company when the single director is incapacitated or abroad for any reasons.

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Regards,
Salman Yousaf Khan (Golra)
Corporate Lawyer
+92-333-5339880

A Registered Nikahnama Does not need corroboration

When a registered Nikahnama is presented in the court presumption of law is that it is a legal document unless challenged at any forum. If a Nikahnama is challenged, then the evidence of Nikah Registrar and witnesses of Nikah is vital. In normal cases a Nikahnama doesn't need any corroboration when it is registered under the due process of law.

A Nikahnama holds more sanctity if a Marriage Registration Certificate (MRC) is also part of record. A Marriage Registration Certificate is a document that updates the marriage of parties in the record of NADRA. It is a separate document having computerized bar code reader at its one side. It can be obtained from the same union council where the Nikah is registered.

Similarly the Nikahnama holds more sanctity if in the CNIC records of parties their status of being married to certain person is updated and is visible on the Computerized National Identity Card. In the presence of such documents even if a Nikahnama is challenged, it holds strong presumption of genuineness.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880 

A case for divorce is not filed in the Family Court

The proper forum for filing a divorce case is not the family court. The proper forum is the Arbitration or Union Council where the wife resides. Jurisdiction in family cases is where the wife resides at the time of filing of case.

It doesn't matter where the Nikah is contracted or where the husband resides. A case for divorce has to be filed in the jurisdiction where at the time of divorce wife resides. In cases of fake addresses divorce cases get dismissed on the basis of jurisdiction.

The procedure of divorce involves at least three hearings for reconciliation in which the statements of parties are also recorded. The entire case runs for 90 days and after that divorce certificates are issued to parties after due payment of requisite fee.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

Talaq-e-Mubarat after Khula

Talak or Divorce is the exclusive right of Husband unless its delegated to wife. Similarly wife can take Khula from family court if husband refuses to divorce her. Khula is obtained by filing suit for dissolution of marriage on the grounds of Khula in the Family Court.

Once a Suit for dissolution of marriage on the grounds of Khula is decreed, the iddat period of the wife starts which is 90 days according to the law. Most of the judges while passing decree write in the decision that a copy of the judgment is sent to the Arbitration Council, which never happens.

Practically a wife has to file another case in the Arbitration Council for obtaining divorce certificate after getting decree for dissolution of marriage on the grounds of Khula from Family Court. This case runs for 90 days according to the procedure laid down in Section 7. There are three hearings for reconciliation between parties in such case.

On failure of reconciliation, the wife gets divorce certificate from concerned Arbitration/Union Council. Talak-e-Mubarat is possible after Khula but however, if divorce certificate is obtained from Arbitration Council by either of the parties, then a case for Talak-e-Mubarak becomes infructuous in such like situation.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880 

Contracting a Marriage with Ismaeli or Noor Bakhshi

There are many communities in Pakistan that do not contract marriages outside their communities for various reasons. For example it is famous about Ismaeli Community that they do not marry a non-Ismaeli no matter how good the terms are. Same happens in some Shia Families and Noor Bakhsi Families. Similar is the case with many other communities living in different parts of Pakistan.

Legally speaking, a Muslim Man is allowed to marry any Muslim Women belonging to any sect of Islam. Similarly he is allowed to marry Christian and Jew Women if they are worshipers of single God. On the other hand a Muslim Woman cannot marry a Jew or a Christian. However, she is free to marry any Muslim Man belonging to any sect or community of Islam.

Ismaelis, Noor Bakhshis, Jafferies and many other sects belong to Islam. It means that a Muslim can marry any person in these communities. No court in Pakistan can nullify such marriage on the ground of difference of culture, community, lifestyle, etc.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

Whether unregistered marriage is Legal?

An unregistered marriage is legal if there is offer and acceptance along with consideration in the contract of marriage. Non Registration of marriage is an offense but that cannot nullify the contract of marriage even if it is verbal.

This principle is laid down in number of judgments of the superior courts of Pakistan. In many parts of Pakistan it is still the practice that spouses get married and they live together even without registration of marriage.

Registration of marriage is a mandatory requirement of law. It is documentation of contract of marriage but in the absence of such documentation we cannot declare any marriage to be illegal or void.

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Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880