Custodial Rights of Maternal Grandparents

 PLJ 2024 Lahore (Note) 126

[Multan Bench, Multan]

Present: Raheel Kamran, J.

Mst. AMEER MAI etc--Petitioners

versus

ADDITIONAL DISTRICT JUDGE, etc.--Respondents

W.P. No. 11228 of 2023, decided on 20.2.2024.

Guardian and Wards Act, 1890 (VIII of 1890)--

----S. 25--Constitution of Pakistan, 1973, Art. 199--Application for custody of minor--Pendency of litigation--Appeal--Dismissed--Visitation schedule--Maternal grand parents--Visitation rights--Challenge to--Undisputedly minor had been resided with her grandmother since her birth--She was of tender age of about 2½ years--No emotional bond had been developed between minor and her father and paternal relations, abrupt withdrawal of her custody from her maternal grandparents might be very traumatic for minor--Documents qua early retirement of Respondent No. 3 and admission of brother of minor in F.G. Public School No.1 (Boys), Gujranwala Cantt did not form part of evidence as those came into existence after decision of Guardian Court--High Court deemed it appropriate to remand matter to trial Court concerned for determination of custody of welfare of minor after permitting parties to lead additional evidence as well as allowing Respondent No.3 along with his mother and/or sister to exercise of his visitation rights vis-à-vis minor twice every month on weekends for two hours each time so that bond of love and affection between minor and her father was allowed to be developed--Petition disposed of.               

                                                                                  [Para 6] A, B & C

Mr. Muhammad Nadeem Fareed, Advocate for Petitioners.

Rao Muhammad Adnan, Advocate for Respondent No. 3.

Date of hearing: 20.2.2024.

Judgment

Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed judgment dated 06.07.2023 passed by the learned Additional District Judge, Taunsa Sharif whereby her appeal against the judgment dated 27.04.2023 passed by the learned Guardian Judge, Taunsa Sharif about custody of minor namely Rukhsar Bano aged 2½ years to her real father i.e. Respondent No. 3 was dismissed.

2. Learned counsel for the petitioner contends that impugned judgments of the learned Courts below are unsustainable as Respondent No. 3 is serving in Pakistan Army who is not residing within the village and is unable to devote time for proper upbringing of the minor, whereas the minor has been residing with her maternal grandmother since her birth. He maintains that no effort has been made by Respondent No. 3 to exercise his visitation rights during pendency of proceedings before the learned trial Court, learned Appellate Court or this Court, therefore, there is no bond of love and affection between minor and her father. He adds that application for custody of the minor has been moved with malafide to deprive maternal grandparents from custody of minor and entrust the same to her paternal grandparents which hardly serve welfare of the minor. Reliance has been placed on judgments in the cases of Raja Muhammad Owais vs. Mst. Nazia Jabeen and others (2022 SCMR 2123) and Mst. Anwari Bibi vs. Hidayat Ulah Khan and others (2020 MLD 302).

3. Conversely, learned counsel for the Respondent No. 3 has supported the impugned judgments for the reasons that stated therein. He has emphasized that not only father of the minor is her natural guardian who, in the absence of any disqualification in law, is entitled to her custody but he is with better means and resources to ensure welfare of the minor and her upbringing with the assistance of his mother and sister. He adds that the minor would be better off to be brought up in the company of her brother who is already in the custody of her father. It has been emphatically argued that custody of the minor could not be entrusted to maternal grandparents who are delinquent in upbringing their own granddaughter and litigation in this regard is pending adjudication before the learned Family Court which has been filed by their daughter- in-law for the provision of her maintenance. He maintains that in order to properly bring up his minor children, the Respondent No.3 has applied for early retirement and his son has already been enrolled at F.G. Public School No. 1 (Boys), Gujranwala Cantt since July 2023 where he is residing with his paternal grandmother and paternal aunt. Reliance has been placed on the case of Shabana Naz vs. Muhammad Saleem (2014 SCMR 343).

4. Father of the minor, present in the Court, submits that he has not been allowed to meet the minor rather threats have been extended to him whenever he made any such attempt of visitation. Documents i.e. Fee Card of Muhammad Saqlain issued by F.G. Public School No. 1 (Boys) Gujranwala Cantt, application regarding retirement submitted by the Respondent No. 3 and Residency Certificate are produced by the learned counsel for the Respondent No.3, copies whereof has been retained and original documents have been returned to the learned counsel for the Respondent No. 3.

5. Arguments heard. Record perused with the able assistance of learned counsel for the parties.

6. Welfare of the minor is the primary consideration governing the grant of custody of minors. While this Court is of the considered opinion that in the absence of his disqualification, a father cannot be deprived of custody of the minor as ordinarily welfare of the minor lies with his or her parents. In exceptional cases and for valid reasons, a parent can be denied the right of custody while entrusting it to the grandparents, when it is absolutely necessary and in the welfare of the minor to do so. In the instant case, undisputedly the minor has been residing with her grandmother since her birth. She is of tender age of about 2½ years. Undeniably, no emotional bond has been developed between the minor and her father and paternal relations, therefore, abrupt withdrawal of her custody from her maternal grandparents may be very traumatic for the minor. Additionally, documents qua early retirement of Respondent No.3 and admission of brother of the minor in the F.G. Public School No.1 (Boys), Gujranwala Cantt do not form part of the evidence as those came into existence after decision of the Guardian Court. Therefore, to allow fair opportunity to either side, this Court deems it appropriate to remand the matter to the learned trial Court/Guardian Judge concerned for determination of custody of welfare of minor after permitting the parties to lead additional evidence as well as allowing Respondent No.3 along with his mother and/or sister to exercise of his visitation rights vis-à- vis the minor twice every month on the weekends for two hours each time so that the bond of love and affection between the minor and her father is allowed to be developed. For that purpose, schedule of visitation shall be set down on an application to be moved by Respondent No.3. The learned Guardian Judge shall ensure that visitation right is allowed to be exercised by the Respondent No. 3 without any hindrance or intimidation whatsoever. Accordingly, the impugned judgments shall be set aside and application of Respondent No. 3 shall be deemed to be pending before learned Guardian Judge concerned who shall decide the same afresh within a period of three months and a compliance report in that regard shall be submitted to the Deputy Registrar (Judicial) of this Court.

7. Disposed of.

(Y.A.)  Petition disposed of

Filing of Appeal during Summer Vacations

 PLJ 2021 Lahore (Note) 74

Present: Asad Munir, J.

AHSAN JAVED--Appellant

versus

ADDITIONAL DISTRICT JUDGE, LAHORE etc.--Respondents

W.P. No. 19674 of 2011, decided on 4.11.2011.

West Pakistan Family Courts Act, 1964--

----S. 17-A--Muslim Family Law Ordinance, 1961, Ss. 9 & 10--Suit for recovery of maintenance allowance and dowry articles--Non-payment of interim maintenance allowance--Defence of petitioner was struck off--Suit was decreed--Appeal--Dismissed being time-barred--Appeal was filed during summer vacations--Challenge to--Additional District Judge wrongly held that petitioner’s appeal was time-barred as was filed during of summer vacations in month of August--In view of section 4 of Limitation Act, 1908, petitioner had two options as he could either file his appeal during summer vacations on any day in August, 2010 or he could file it on 01.09.2010 upon reopening of Courts--Appeal filed by petitioner during summer vacations was within time as it could be filed later on 1.9.2010--Argument that suit filed by respondents no.2 to 4 has been disposed of with regard to other claims made therein is untenable as appeal has been wrongly dismissed as time-barred instead of being decided on merits--Petition allowed.

                                                                                      [Para 3] A & B

Mr. Muhammad Shahbaz Rana, Advocate for Petitioner.

Mr. Muhammad Zaman Bhutta, Advocate for Respondent.

Date of hearing: 15.9.2011.

Order

After the dissolution of the marriage between the petitioner and respondent No.2 on 21.01.2010, a composite suit for the recovery of maintenance allowance for the two minor children, respondents
No. 3 and 4, for the reimbursement of the delivery expenses of respondent No. 4 and for the return of respondent No. 2’s dowry articles, valued at Rs. 1516334/-, was filed on 03.02.2010. Vide order dated 17.06.2010, the learned Judge Family Court, Lahore, allowed Rs. 4000/-.as interim maintenance to each of the two minors which was to be paid by the 14th of every month. The interim maintenance was not paid by the petitioner by 14.07.2010 whereupon vide order dated 16.07.2010 the learned Judge Family Court struck off the defense of the petitioner under Section 17-A of the West Pakistan Family Courts Act, 1964 and also passed judgment/decree dated 16.07.2010 whereby monthly maintenance of Rs. 4000/- has been allowed to each minor with effect from the date of institution of the suit subject to the annual increase of 10%. On 21.08.2010, the petitioner filed an appeal which has been dismissed for being time-barred by the learned Additional District Judge, Lahore, vide his order dated 21.08.2010 which has assailed through this writ petition.

2. Learned counsel while challenging the impugned order has contended that the appeal could not be dismissed as time-barred as it was filed during the summer vacations commencing from 01.08.2010 till 31.07.2010. Reliance has been placed on Fazal Karim and another versus Ghulam Jillani and others (1975 SCMR 452), Habib Bank Ltd throuuh Authorized Attorneys versus Messrs Wisdom Education System (Pvt.) Ltd. and 6 others (2009 CLD 1367), Port Muhammad Bin Qasim versus National Insurance Corporation, Karachi and 13 others (1983 CLC 3126), Shah Muhammad and others versus Muhammad Ashraf (1994 CLC 90) and Ikramullah and others versus Said Jamal (1980 SCMR 375). In response, the only submission made by the learned counsel for Respondents No. 2 to 4 is that the question of maintenance cannot be re-opened by the learned Additional District Judge as no suit is pending now in the Family Court as other claims made in the suit have already been decided.

3. After hearing the learned counsel for the parties, I find that the learned Additional District Judge wrongly held that the petitioner’s appeal was lime-barred as it was filed on 21.08.2010 during the currency of the summer vacations in the month of August. It may be stated that in view of section 4 of the Limitation Act, 1908, the petitioner had two options as he could either file his appeal during the summer vacations on any day in August, 2010 or he could file it on 01.09.2010 upon the reopening of the Courts. Thus, the appeal filed by the petitioner during the summer vacations was within time as it could be filed later on 1.9.2010. The aforesaid legal position is supported by the case law cited by the learned counsel for the petitioner. The argument that the suit filed by Respondents No. 2 to 4 has been disposed of with regard to other claims made therein is untenable as the appeal has been wrongly dismissed as time-barred instead of being decided on merits.

4. For the foregoing reasons, this petition is allowed and the impugned order is set aside with a direction to the learned Additional District Judge to decide the appeal on merits. There will no order as to costs.

(Y.A.)  Petition allowed

Procedure in cases of Guardian Cases

Guardian Cases are slightly different from Family Cases as they involve the matters regarding minors mostly. Guardian Cases are usually of following types:-

- Interim Custody of Minor (Section 12)
- Permanent Custody of Minor (Section 25)
- Maintenance of Minor (Schedule 2)
- Guardianship of Person and Property of Minor (Section 7 & 17)
- Habeaus Corpus (491 Crpc)
- Illegal Detention (Section 100 PPC)
- Joint Custody (Section 15)
- Visitation Petition (Section 12)

All the above cases are generally filed through petitions. Procedure of Family Courts under the West Pakistan Family Courts Act 1964 and West Pakistan Family Courts Rules 1965 is applicable. The following steps are part of the procedure:-

1. Petition Filing
2. Reply
3. Reconciliation Proceedings
4. Framing of Issues
5. Evidence of Petitioner and Cross Examination
6. Evidence of Respondent and Cross Examination
7. Final Arguments
8. Order and Judgment

If any petition is filed or decided in between proceedings, the interim order is never appealable or revisionable. However, it can be assailed through Writ Petition under article 199.

For more you can consult lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
Child Custody and Guardian Lawyer
+92-333-5339880

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.

For more you can contact lawyergolra@gmail.com

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. 

For more you can consult lawyergolra@gmail.com

Regards,

Salman Yousaf Khan (Golra)

International Family 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.

For more you can always consult lawyergolra@gmail.com

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.

For more you can consult lawyergolra@gmail.com

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

Islamabad Family Lawyer

We are a law firm mainly dealing in Family Cases, Guardianship Cases, Divorce Cases, Khula Cases, Maintenance Cases, Child Custody Cases, Conjugal Rights Cases, Habeas Corpus, Recovery of Dower Amount, Recovery of Dowry Articles and in all other kinds of Family Cases. We are based in Islamabad Pakistan but for all kinds of Family Cases anywhere around the world you can contact us.

We also have female lawyers working with us. Apart from the Family Law Field we also have expert lawyers that deal in Legal Drafting, Agreements, Contracts, Criminal Cases, Civil Cases, Aviation Cases, Corporate Matters, Tax Matters, Company Matters, Firm Matters, Arbitration Matters and so on. 

We offer free consultation on legal matters for the first visit. 

Regards,

Salman Yousaf Khan (Golra)

International Family Lawyer

+92-333-5339880

Family Lawyer Islamabad

We deal in all kinds of Family Cases in Islamabad. We have Divorce Expert Lawyers, Khula Expert Lawyers, Conjugal Rights Experts, Guardianship and Child Custody Experts, Maintenance Law Experts and Reconciliation Experts.

We offer free consultation in family cases. If you have any query related with Family Laws and Guardianship Laws you can consult us at lawyergolra@gmail.com

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

Comprehensive Plan in a Family Case : 2018 SCMR 1991

The Supreme Court has ordered family courts in all the provinces of the country to implement its 10 guiding principles for the upbringing, education and parental love of children caught in disputes between parents.

Judicial circles are calling it a landmark judgement taken by a bench, comprising Justice Mushir Alam, Justice Faisal Arab and Justice Sajjad Ali Shah, around a month ago.

The first point clearly states that underage children will stay with their mother till they attain the age of puberty.

Second point is that education, uniform, books and pick and drop for school will be the responsibility of the father. The father, apart from educational expenditures, every month will also provide another Rs5,000 for the miscellaneous needs of the children.

Third, the children will be able to visit the father every holiday at his home. The father will take the children from the mother’s house at 8pm on Friday and drop the children back at 1pm on Sunday.

Fourth, on the onset of summer holidays, the father will be able to take the children on the first Sunday and keep the children for four Sundays and on the fourth Sunday; the children will be dropped back at the mother’s house.

Fifth, during winter holidays from December 21 to 31, the children will stay with the father during the first week and then return their mother.

Sixth, the children will stay with the father from Chand Raat of Eidul Fitr 8pm of the second day of Eid.

Seventh, the father will take the children on the second day of Eidul Adha at 11am and drop the children back at 10pm on the third day of Eid.

Eight, on unscheduled holidays, the children will stay with the father from 10am till 8pm.

Ninth, if there is any function such as marriage and the father desires the children to participate, then it will be binding on the mother to let the children participate.

Tenth, the mother and father will not incite the children against each other.

The decision has also been published in the SCMR gazette. This news is taken from different newspapers published on 21st April 2019.

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

Divorce case can be concluded without visiting Pakistan

A person living outside can conclude his her case of divorce in Pakistan. Personal appearance of spouses is mandatory in divorce proceedings. However the same can be dispensed through the appointment of nominee ..

In divorce proceedings the spouses can appoint their nominees that can represent them in the reconciliation proceedings in divorce cases.

There is a proper procedure of attestations required for appointment of nominee .. If that is fulfilled then personal appearance can be dispensed. For more information you can consult lawyergolra@gmail.com

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

Non Appearance of Husband in a Khula Case

If a husband does not appear in the Khula case, the case proceeds ex-parte against him and the wife ultimately gets Khula. It is best to contest the case if it is filed against the husband. Because that way he gets a chance to reconcile the marriage through court.

Another aspect is that if a wife demands any amount of recovery against the dower, dowry articles, maintenance, gifts or in any other way, she may get all of that in the ex-parte suit. The family judge has descretionary powers to give relief to the wife contesting the case.

So it is always best to contest and avail the opportunity of defending whenever a Khula case is filed against the husband.

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

Charges of a Family Case in Pakistan

There are no fixed charges of a family case in Pakistan. The reason is that there are variety of cases that can be filed in Family Courts, Arbitration/Union Councils and at various other forums. Similarly different cases are concluded in different times because of various reasons. So it is hard to quote a price of a family case without knowing exactly the time and effort which a lawyer has to put into it.

Generally speaking a good Family Lawyer charges between $1000 to $2000 per family case in Pakistan. A malpractice is that some people quote very low charges for a family case but when it proceeds, they impose hidden charges which are sometimes unbearable for those involved in such cases.

It is also better to pay good service charges to lawyers for availing quality services as family cases usually impact the persons involved for rest of their lives.

For further information you can consult lawyergolra@gmail.com

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

Legal Status of Divorce During Pregnancy

A Muslim woman cannot be divorced during pregnancy. If a husband pronounces divorce to his wife during pregnancy, it is immaterial till delivery. However, if after delivery of child, it is not reconciled within 90 days, it becomes divorce.

The reason is that the Iddah of a Muslim woman is 90 days after pronouncement of divorce by the husband. If divorce is pronounced to a Muslim wife during pregnancy, it becomes effective automatically after the end of pregnancy. The iddat of such lady starts from that day and if the divorce is not revoked in such time period of 90 days, then it becomes complete divorce.

Once a women completes her Iddat after divorce, it means the divorce is final and irrevocable between parties. For more information you can contact lawyergolra@gmail.com


Regards,
Salman Yousaf Khan (Golra)
Family Lawyer
+92-333-533988 

Divorce during periods is divorce

Divorce during periods is divorce according to majority opinion .. According to minority opinion it is not divorce as a woman should be clean at the time of pronouncement of divorce according to their opinion.

Divorce is not a joke in islam. Even if divorce is given in joke, it is considered divorce. Even if some words are spokem in the meaning of divorce then it is equal to divorce. So we have to be very careful in relationships.

If single talak is pronounced during periods, it can b revoked through ruju after periods. If its pronounced twice during periods then it can also b revoked .. However if its pronounced three times then its talak e bayn and is not revokable according to minority opinion ..

A better option is to end relationship that has doubts in it rather than living in a relationship of zina .. For expert opinion on any related case you can consult lawyergolra@gmail.com

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

Family Cases shall be decided within 6 months

According to section 12-A of the West Pakistan Family Courts Act, 1964, a family judge is bound to decide a family case within 6 months from the date of its institution. There is use of word "shall" in the statute which means that the judge doesn't have discretionary powers to linger on a family case.

If a family judge lingers on a family case for more than six months without any just reasons, a remedy gets created for the litigants. The litigants can approach the High Court under the provisions of section 12-A of the West Pakistan Family Courts Act, 1964 for redressal of their grievance.

A practice is that the litigants generally gets direction from High Court for day to day proceeding in such matters for disposal of the family case.

For more queries you can contact lawyergolra@gmail.com

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

Legal Status of Nikah before completion of Iddat

If a second Nikah is contracted before the completion of period of Iddat then it is void ab initio. It is illegal without having any legal footings. The persons involved in contracting such marriage and in aiding such marriage can be penalized for such illegal activity.

According to Islamic Law if a lady has been pronounced divorce by her husband, she has to observe iddat for three months. According to Pakistani law, the husband has to intimate the Chairman of concerned Arbitration Council once he pronounces talaq to his wife on which proceedings under section 7 shall be conducted.

The talaq will become final on the completion of 90 days from the date on which the chairman of concerned arbitration council receive notice from the husband. If such proceedings are not followed the husband may be penalized for that.

In case of Khula the lady has to observe 90 days iddat period. She cannot enter into the contract of second nikah before 90 days. Further she has to obtain talaq certificate from the arbitration council once she has the khula decree. The legal status of Nikah without that is of no legal footings.

If you have any query related with Nikah, Iddat and other family issues you can contact internationalawyerinfo@gmail.com

Regards,
Salman Yousaf Khan
Family Lawyer
+92-333-5339880

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

There is no Iddat in case of no Rukhsati

When a boy and girl contracts Nikah and do not consumate it, there is no Iddat in such a case. Generally speaking Nikah is the ceremony which binds the boy and girl in a relationship of marriage. However, practically after Nikah there is a ceremony of Rukhsati after which the boy takes the girl home and consumate marriage.

In case of divorce there is a period of Iddat which is equal to 3 Tuhrs. As enacted in the law 3 Tuhrs are equal to 90 days time period with one tuhr of 30 days each. A divorced lady has to observe this period of Iddat once divorce is pronounced by her husband. In this period of Iddat the man and wife both are allowed to reconcile marriage.

However, when marriage is not consumated, there is no Iddat. The divorce process do not run for 90 days rather it ends in a single hearing. If you have any divorce related query you can contact internationallawyerinfo@gmail.com

Regards,

Salman Yousaf Khan (Golra)

Family Lawyer

+92-333-5339880