Family Laws in Pakistan
In Pakistan Family Courts hear and decide all the matters and disputes arising out of marriage. The major cases arise from marriage in Pakistan are as under:-
1. Dissolution of marriage;
2. Dower
3. Maintenance;
4. Restitution of conjugal rights;
5. Custody of children and the visitation rights of parents;
6. Guardianship;
7. Jactitation of marriage;
8. Dowry & Bridal Gifts;
9. Personal property and belongings of wife and a child living with his mother;
10. Any other matter arising out of Nikahnama.
Family Laws in Pakistan
In Pakistan Family Courts hear and decide all the matters and disputes arising out of marriage. The major cases arise from marriage in Pakistan are as under:-
1. Dissolution of marriage;
2. Dower
3. Maintenance;
4. Restitution of conjugal rights;
5. Custody of children and the visitation rights of parents;
6. Guardianship;
7. Jactitation of marriage;
8. Dowry & Bridal Gifts;
9. Personal property and belongings of wife and a child living with his mother;
10. Any other matter arising out of Nikahnama.
1. Dissolution of marriage
A Muslim marriage can be dissolved by three modes firstly through pronouncement of word Talaq by husband to his wife, secondly through Khula in this case wife approach the court if husband does not give Talaq (divorce) to his wife, thirdly by Mubarat, mutual consent/ agreement between the husband and wife a marriage is dissolved.
A Muslim marriage can be dissolved by three modes firstly through pronouncement of word Talaq by husband to his wife, secondly through Khula in this case wife approach the court if husband does not give Talaq (divorce) to his wife, thirdly by Mubarat, mutual consent/ agreement between the husband and wife a marriage is dissolved.
2. Dower
Dower is consideration which is either paid by the husband to his wife at the time of marriage ceremony or promised to on the demand of the wife during the relationship of marriage or in the event of dissolution of marriage the dower is paid. Dower can be divided into three kinds:-
Dower is consideration which is either paid by the husband to his wife at the time of marriage ceremony or promised to on the demand of the wife during the relationship of marriage or in the event of dissolution of marriage the dower is paid. Dower can be divided into three kinds:-
2.1 Prompt dower
Prompt dower is one which is immediately paid at the time of marriage i.e. at the time of writing of Nikahnama (contract of marriage) it can be in shape of gold, cash, property of any kind. Prompt dower is called معجل in Arabic language. Sometime spouses agree to write small amount of prompt dower in the column of Nikahnama and write large amount or consideration in the column of deferred dower
Prompt dower is one which is immediately paid at the time of marriage i.e. at the time of writing of Nikahnama (contract of marriage) it can be in shape of gold, cash, property of any kind. Prompt dower is called معجل in Arabic language. Sometime spouses agree to write small amount of prompt dower in the column of Nikahnama and write large amount or consideration in the column of deferred dower
2.2 Deferred dower
Deferred dower is called موجل or غیر معجل in the Nikahnama of marriage which is to be paid to the wife by the husband during the relationship of the husband wife.
Deferred dower is called موجل or غیر معجل in the Nikahnama of marriage which is to be paid to the wife by the husband during the relationship of the husband wife.
2.3 Dower on demand
This kind of dower is agreed to be paid by the husband to the wife whenever the wife demand for the payment of demand. If husband fails the pay the dower on the demand of the wife then wife can deny to perform conjugal rights of her husband.
This kind of dower is agreed to be paid by the husband to the wife whenever the wife demand for the payment of demand. If husband fails the pay the dower on the demand of the wife then wife can deny to perform conjugal rights of her husband.
3. Maintenance
A husband is bound to maintain his wife and children. In the definition of the maintenance of wife, cloths, home, food, supply of basic necessities of life and other essentials things come. But the standards and qualities of maintenance varied from the husband financial position in the society. For example if husband is rich person then his wife and children will entitled to get high standard goods and necessities of life. But where the husband is poor then the wife and children will eligible to receive only low standard quality necessities of life. In short standard of living of the life and maintenance of wife and children depends on the financial and social status of the husband.
4. Restitution of conjugal rights
As everyone knows the primary purpose of marriage is the satisfaction of the sex desire of husband and wife. Therefore, under marriage contract husband and wife are bound to satisfy the basic sexual desire of each other. In case wife denies to live with her husband or denies to perform the conjugal rights of her husband then the husband can file suit for restitution of conjugal rights before the family court.
5. Custody of Children and the visitation rights of parents to meet them.
In case of divorce or separation of the parents minor children have to stay either with the mother or the father as the case may be but sometimes situations arises where husband and wife denies to perform the conjugal rights of the husband or vice versa, then the suit for restitution of conjugal rights is filed and the same is decided by the court.
6. Guardianship
State is responsible to look after and to watch the best interest of the minors as the minor are not suppose to watch their best interest. In normal circumstances, both mother and father collectively guardian of the minor so far as the minor as person is concerned. But in case of property of the minor guardian is appointed by the Court to protect the interest of the minor in the property. Moreover, in case of divorce, separation or death of the parents or due to any other reason whereby the interest of the minor children likely to suffer from any kind of damage then the suit for the appointment of the guardian of the minor can be filed.
7. Jactitation of marriage
It means false claim of marriage by someone. In such like situation marriage between a man or woman is claimed which is false. If any body who is likely to be suffered from such false claim of marriage then any affected party may file a suit for jactitation of marriage before the family court so that false claim of marriage may be rejected by the Court.
8. Dowry and bridal gift.
Dowry is household articles which is given by the parents of the bride so that their daughter may use those article at the house of the husband. Similarly gifts and presents are given to the bride/ wife before, at and after marriage which becomes personal property of the wife/ bride. In case any dispute regarding the possession and use of those dowry or bridal gift arises then the bride may file suit before the family court for the just decision on the case.
9. Personal property and belongings of wife and a child living with his mother.
In case of dispute regarding the property which personally belong to wife or the child living with her mother, case can be filed before the family court.
10. Any other matter arising out of Nikahnama.
Any other matter which is arises but not enumerated in the family courts act then the case regarding the same can be filed before the family court as the same is mentioned in the Nikahnama.
A husband is bound to maintain his wife and children. In the definition of the maintenance of wife, cloths, home, food, supply of basic necessities of life and other essentials things come. But the standards and qualities of maintenance varied from the husband financial position in the society. For example if husband is rich person then his wife and children will entitled to get high standard goods and necessities of life. But where the husband is poor then the wife and children will eligible to receive only low standard quality necessities of life. In short standard of living of the life and maintenance of wife and children depends on the financial and social status of the husband.
4. Restitution of conjugal rights
As everyone knows the primary purpose of marriage is the satisfaction of the sex desire of husband and wife. Therefore, under marriage contract husband and wife are bound to satisfy the basic sexual desire of each other. In case wife denies to live with her husband or denies to perform the conjugal rights of her husband then the husband can file suit for restitution of conjugal rights before the family court.
5. Custody of Children and the visitation rights of parents to meet them.
In case of divorce or separation of the parents minor children have to stay either with the mother or the father as the case may be but sometimes situations arises where husband and wife denies to perform the conjugal rights of the husband or vice versa, then the suit for restitution of conjugal rights is filed and the same is decided by the court.
6. Guardianship
State is responsible to look after and to watch the best interest of the minors as the minor are not suppose to watch their best interest. In normal circumstances, both mother and father collectively guardian of the minor so far as the minor as person is concerned. But in case of property of the minor guardian is appointed by the Court to protect the interest of the minor in the property. Moreover, in case of divorce, separation or death of the parents or due to any other reason whereby the interest of the minor children likely to suffer from any kind of damage then the suit for the appointment of the guardian of the minor can be filed.
7. Jactitation of marriage
It means false claim of marriage by someone. In such like situation marriage between a man or woman is claimed which is false. If any body who is likely to be suffered from such false claim of marriage then any affected party may file a suit for jactitation of marriage before the family court so that false claim of marriage may be rejected by the Court.
8. Dowry and bridal gift.
Dowry is household articles which is given by the parents of the bride so that their daughter may use those article at the house of the husband. Similarly gifts and presents are given to the bride/ wife before, at and after marriage which becomes personal property of the wife/ bride. In case any dispute regarding the possession and use of those dowry or bridal gift arises then the bride may file suit before the family court for the just decision on the case.
9. Personal property and belongings of wife and a child living with his mother.
In case of dispute regarding the property which personally belong to wife or the child living with her mother, case can be filed before the family court.
10. Any other matter arising out of Nikahnama.
Any other matter which is arises but not enumerated in the family courts act then the case regarding the same can be filed before the family court as the same is mentioned in the Nikahnama.
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