For contracting second marriage in the presence of first wife, a legal permission is required under the provisions of section 5 of the Muslim Family Laws Ordinance 1961.
By procedure the husband files case for permission of second marriage with genuine grounds. On that the first wife is summoned before the Chairman of concerned Arbitration/Union Council. On her appearance her statement is recorded.
After that the statement of husband is also recorded and if the Chairman Arbitration/Union Council things fit, he can grant the permission of second marriage.
For more you can consult lawyergolra@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880
Showing posts with label Family Lawyer. Show all posts
Showing posts with label Family Lawyer. Show all posts
Sunday, 8 July 2018
Sunday, 2 August 2015
Receipt is important in case Dowry Articles are returned
One of the common practices is that when a girl is divorced her belongings, dowry articles and other stuff remains in the house of husband. That is taken at later stages when things are amicably settled between parties. When things do not settle down the belongings of wife are taken back through the help of court.
The procedures of court are expensive and time taking. It is best when parties settle things amicably to save their time, effort and money. One of the basic things which is important in the settlement in family cases is that the receipts must be obtained when belongings and dowry articles are left.
When pictures are made, videos are made and receipts are present, the party receiving the items cannot claim anything in the court of law afterwards. It is best that no party cheats the other party despite the differences between the two.
If you have any query related with family matters you can consult internationalawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
Family Lawyer
+92-333-5339880
The procedures of court are expensive and time taking. It is best when parties settle things amicably to save their time, effort and money. One of the basic things which is important in the settlement in family cases is that the receipts must be obtained when belongings and dowry articles are left.
When pictures are made, videos are made and receipts are present, the party receiving the items cannot claim anything in the court of law afterwards. It is best that no party cheats the other party despite the differences between the two.
If you have any query related with family matters you can consult internationalawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
Family Lawyer
Gifts belong to the wife in case of divorce
According to Islam a wife is entitled to receive her haq mehr in case if she is divorced by her husband. Haq mehr is not the only thing which the wife takes home in case of divorce. She is entitled for other things such as her dowry articles and gifts which she receive during the tenure of relationship.
Often it happens that when the husband divorces his wife, she leaves the house of husband immediately in single clothes. Her suitcases, jewelry, dowry articles and other belongings remain in the house of husband unless the parties come to an understanding later on.
The wife is entitled to receive everything belonging to her lying in the house of her husband. The things gifted to her during the time of relationship belong to her. Gift in islamic law can never be taken back by the person gifting. So it is best to return gifts and all other belongings to the girl once she is divorced.
In order to remove further disputes it is best to handover everything through proper legal channel. For more consult internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
Family Lawyer
+92-333-5339880
Often it happens that when the husband divorces his wife, she leaves the house of husband immediately in single clothes. Her suitcases, jewelry, dowry articles and other belongings remain in the house of husband unless the parties come to an understanding later on.
The wife is entitled to receive everything belonging to her lying in the house of her husband. The things gifted to her during the time of relationship belong to her. Gift in islamic law can never be taken back by the person gifting. So it is best to return gifts and all other belongings to the girl once she is divorced.
In order to remove further disputes it is best to handover everything through proper legal channel. For more consult internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
Family Lawyer
Saturday, 18 July 2015
A husband is not allowed to hit his wife
No husband is allowed to be cruel to his wife. Slaping the wife or hitting her by means of cruelty is prohibited in Law. According to Islamic law if a wife is disobedient to his husband, he can punish her by stop sleeping with her.
A Muslim Husband can hit his wife slightly as a symbolic hitting only. That means he can touch his wife with a thin stalk to show her that he is angry on her disobedience. That doesn't allow him to slap her or hit her.
If a husband is cruel to his wife and frequently hits her or slaps her, she can take khula from him. Similarly if a husband breaks the bones of his wife or causes hurt to her by any means then he is subjected to criminal punishment under the law.
If you have any query related with relationship between husband and wife according to law then you can contact us at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
Family Lawyer
+92-333-5339880
A Muslim Husband can hit his wife slightly as a symbolic hitting only. That means he can touch his wife with a thin stalk to show her that he is angry on her disobedience. That doesn't allow him to slap her or hit her.
If a husband is cruel to his wife and frequently hits her or slaps her, she can take khula from him. Similarly if a husband breaks the bones of his wife or causes hurt to her by any means then he is subjected to criminal punishment under the law.
If you have any query related with relationship between husband and wife according to law then you can contact us at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
Family Lawyer
Monday, 13 July 2015
Nikah before Iddat is Illegal
Contract of Nikah before the completion of Iddat period is illegal according to Islamic law. It is also illegal according to Pakistani Law. Iddat is three months time once talaq is pronounced to a wife by her husband.
In case of Khula it is considered equal to single talaq. Once decree of Khula is passed the wife getting Khula has to wait for three months before contracting second marriage. According to Pakistani law such lady has to complete the process of taking talaq certificate also before contracting second marriage.
If a wife contracts a second marriage before the completion of period of Iddat then it is considered Nikah over Nikah and it is an offence punishable under the law. If any such marriage happens by mistake then the best remedy against such a marriage is re-marriage with the second husband after the completion of process under section 7 of MFLO and after the completition of period of Iddat.
If you have any query related with Iddat and Nikah you can contact internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-5339880
In case of Khula it is considered equal to single talaq. Once decree of Khula is passed the wife getting Khula has to wait for three months before contracting second marriage. According to Pakistani law such lady has to complete the process of taking talaq certificate also before contracting second marriage.
If a wife contracts a second marriage before the completion of period of Iddat then it is considered Nikah over Nikah and it is an offence punishable under the law. If any such marriage happens by mistake then the best remedy against such a marriage is re-marriage with the second husband after the completion of process under section 7 of MFLO and after the completition of period of Iddat.
If you have any query related with Iddat and Nikah you can contact internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
Tuesday, 30 June 2015
Procedure to be Adopted by Chairman Arbitration Council
Arbitration Council is an institute which is the central office of all the union councils in a district. It has lots of functions but generally it gets divorce cases which are filed under section 7 and section 8 of Muslim Family Law Ordinance 1961.
Whenever a notice is issued to Chairman Arbitration Council, he/she is bound to accept it if its filed in the proper jurisdiction. Further notices are issued to the other party for reconciliation proceedings. There are three reconciliation proceedings in total at the end of every month.
The parties are at liberty to reconcile during proceedings. If they fail to reconcile during proceedings and 90 days pass by, divorce happens and ultimately divorce certificate is issued. Apart from divorce other decisions on the issues between parties are also made in the proceedings. However implementation of other decisions is only possible through family court,
If you have any queries related with Arbitration council, union council or family laws you can contact internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
Family Lawyer
+92-333-5339880
Whenever a notice is issued to Chairman Arbitration Council, he/she is bound to accept it if its filed in the proper jurisdiction. Further notices are issued to the other party for reconciliation proceedings. There are three reconciliation proceedings in total at the end of every month.
The parties are at liberty to reconcile during proceedings. If they fail to reconcile during proceedings and 90 days pass by, divorce happens and ultimately divorce certificate is issued. Apart from divorce other decisions on the issues between parties are also made in the proceedings. However implementation of other decisions is only possible through family court,
If you have any queries related with Arbitration council, union council or family laws you can contact internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
Family Lawyer
Saturday, 20 December 2014
Divorce During Menstruation is Single Divorce
Under the Islamic Law divorce cannot be complete if a woman is under menstruation. So if divorce is pronounced during periods that will be considered single divorce.. The following ahadees are taken from the most authentic book of Hadees i.e. Sahih Bukhari Shareef for reference.
| Volume 7, Book 63, Number 178 : |
| Narrated by 'Abdullah bin 'Umar |
That he had divorced his wife while she was menstruating during the lifetime of Allah's Apostle . 'Umar bin Al-Khattab asked Allah's Apostle about that. Allah's Apostle said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced." |
| Narrated by Anas bin Sirin |
Ibn 'Umar said: "I divorced my wife while she was menstruating. 'Umar mentioned that to the Prophet . The Prophet said, (to my father), "Let your son take her back." I asked (Ibn 'Umar), "Is such a divorce counted (i.e. as one legal divorce)?" Ibn 'Umar said, "Of course." Narrated Yunus bin Jubair: Ibn 'Umar said, "The Prophet said to 'Umar, 'Order him (Ibn 'Umar) to take her back.' " I asked, "Is such a divorce counted (as one legal divorce)?" Ibn 'Umar said, "What do you think if someone becomes helpless and foolish?" |
| Narrated by Ibn 'Umar |
(Divorcing my wife during her menses) was counted as one legal divorce. |
For any further queries regarding divorce contact at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
International Family Lawyer
+92-333-5339880
Wednesday, 19 November 2014
Family Courts cannot entertain Hindu Divorce Cases
Family Courts in Pakistan are only empowered to entertain cases of Muslims. The cases filed in Family Courts of Pakistan are governed under The Family Courts Act, 1964 and The Family Court Rules, 1965. Both these legislations are specific to Muslim spouses only.
If a case of a Hindu divorce is filed in a family court in Pakistan, then the judge do not have powers to entertain it. The same is subjected to the return of plaint because of lack of jurisdiction to entertain. The judge can on its own motion or on the request of either party return the plaint at any stage of the trial.
A fact is that 4% of the population of Pakistan comprises of Hindus, Christians and people from other religions. They are considered minority. In the flag of Pakistan, they are represented with white color while the Muslims are represented with green color. The minorities are having equal rights with the majority. It is just the right forum which they have to approach in case of legal conflicts.
The appropriate forum to file Hindu Divorce cases are the civil courts of Pakistan. Civil courts are empowered to entertain Hindu divorce cases despite the fact that there is no concept of Hindu Divorce as per scripture. However, Hindu Divorce cases are filed and entertained in accordance with the Divorce Act, 1955 which is an Indian legislation.
For more on Hindu divorce feel free to write at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880
If a case of a Hindu divorce is filed in a family court in Pakistan, then the judge do not have powers to entertain it. The same is subjected to the return of plaint because of lack of jurisdiction to entertain. The judge can on its own motion or on the request of either party return the plaint at any stage of the trial.
A fact is that 4% of the population of Pakistan comprises of Hindus, Christians and people from other religions. They are considered minority. In the flag of Pakistan, they are represented with white color while the Muslims are represented with green color. The minorities are having equal rights with the majority. It is just the right forum which they have to approach in case of legal conflicts.
The appropriate forum to file Hindu Divorce cases are the civil courts of Pakistan. Civil courts are empowered to entertain Hindu divorce cases despite the fact that there is no concept of Hindu Divorce as per scripture. However, Hindu Divorce cases are filed and entertained in accordance with the Divorce Act, 1955 which is an Indian legislation.
For more on Hindu divorce feel free to write at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880
Wednesday, 10 September 2014
Time to decide suit for dissolution of marriage
Suit for dissolution of marriage is filed under the provisions of section 2 of The Dissolution of Muslim Marriages Act, 1939. There are certain grounds mentioned in that section according to which the suit may be dissolved.
However, when it comes to the procedure, the family courts are bound to follow the provisions of The Family Courts Act, 1964 and The Family Court Rules, 1965. The time period for deciding a suit for dissolution of marriage is mentioned in the following section of The Family Courts Act, 1964.
12-A. Certain cases to be disposed of within a specified period.— Notwithstanding anything contained hereinbefore, a suit for dissolution of marriage shall finally be disposed of within a period of four months from its institution:
Provided that where an appeal lies against the dissolution of marriage, such appeal shall be disposed of within four months.]
Hence the family courts are liable to decide Khula matters within the period of 4 months as mentioned in section 12-A of the Family Courts Act, 1964.
If you face any trouble in getting a Khula suit or otherwise a suit for dissolution of marriage decided from any court you can contact us at internationallawyerinfo@gmail.com
Regards,
Salman Yousaf Khan
Family Lawyer
Islamabad
+92-333-5339880
Monday, 19 December 2011
Family Lawyer Islamabad
If you are looking for a family lawyer in Islamabad then probably i am the best person you can choose. I have plenty of experience in dealing with family cases related with Khulla, dessolution of marriage, talaq, restitution of conjugal rights, child custody, writ of habeas corpus and so on.
I have good grip on Shariah Law as well as Pakistani legal system. I always prefer reconciliation between the parties at the first instance if the matter is reconcilable. You can always visit my office for free consultation as i charge nothing for consultation and i charge a nominal fee for family suits depending upon the nature of cases.
I have good grip on Shariah Law as well as Pakistani legal system. I always prefer reconciliation between the parties at the first instance if the matter is reconcilable. You can always visit my office for free consultation as i charge nothing for consultation and i charge a nominal fee for family suits depending upon the nature of cases.
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