Advocate Multan High Court - Advocate Shoaib: - 03126811013

30/01/2021

KHULA PROCEDURE IN PAKISTAN

In Islam, a married woman is permitted to seek a termination of her marriage contract through a Shariah Council / and Muslim judge (Family Court). The reasons, for seeking Khula should be founded upon valid reasons, such as immoral behaviour or mistreatment on behalf the husband towards his wife, a woman who feels she dislikes her husband and can no longer give him, his rights etc.

However, this decision should be given serious consideration – a woman is advised to abstain from seeking khula on baseless reasons and to exert necessarily efforts to maintain a harmonious and peaceful relation with her spouse with mutual respect and love.

In the unfortunate case, the marriage reaches a point of irreconcilable differences based on valid reasons, all efforts of reconciliation are exhausted and unsuccessful, then Islam has provided a solution for this case i.e. Khula. For more information contact us.

In Islam, a woman who wishes to terminate her marriage contract without the consent of her husband must do so by applying to the Shariah Council. This type of divorce is commonly referred to what is known as a Khula.

It is important to highlight that in order for a married woman to obtain a Khula, the Shariah Council must be satisfied there is a valid reason for an Islamic divorce to be granted. A valid reason covers matters such as adultery, domestic violence and other aspects of immoral behavior.

Grounds for Judicial Divorce on which a woman may seek khula include:
Desertion by husband for four years,
Failure to maintain for two years,
Husband contracting a polygamous marriage in contravention of established legal procedures,
Husband’s imprisonment for seven years,
Husband’s failure to perform marital obligations for three years,
Husband’s continued impotence from the time of the marriage,
Husband’s insanity for two years or his serious illness,
Wife’s exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),

Husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives), and any other ground recognized as valid for the dissolution of marriage under Muslim law.

So if you have any question about above matter or you wish to get a solution for your problem in Pakistan, do not hesitate to call Advocate Shoaib at 0092-300 2151 013 and if you are calling from abroad you can also Whats App our law firm on the same number which will be replied by the best lawyer Advocate Ch Shoaib himself.

https://www.pakistanfamilylaws.com/divorce/

15/01/2021

Procedure of Khula for Overseas Pakistani
If you are a woman and you are sick and tired of your husband maltreatment then under Pakistan law you have a right to dissolve the marriage on the basis of khula.
In case women reside in a foreign country and she doesn’t want to appear before the court to get khula. Then she has to follow these steps;
She will execute a legal document called special power of attorney. In this document, she will nominate a person who will file a case in the family court on her behalf and appear before the union council.
Pakistan High Commission of her country of stay will attest to this document and sent it to the foreign office situated in Pakistan.
Once the foreign office receives the legal papers, it will counter attest them after the realization of the prescribed fee.
The person appointed in the attorney will only be authorized to appear personally before the foreign office to get the procedure done.
The person nominated will hire a lawyer in the district where the women last resided. A formal family suit will be filed.
The written statement of husband received or not just on the statement of wife the court will announce the decree of dissolution of marriage on the basis of Khula.
Once the court issues the attested copy of the decree of Khula, the nominated person will initiate proceedings before the concerned union council where the marriage took place.
The union council will take 90 days to complete their procedure and will issue a divorce certificate to the overseas wife.
This is the complete divorce and khula procedure for overseas Pakistani.
If you have any questions ask us. If you want to start legal proceedings then contact us. Calls & Whatts app: +923002151013

15/01/2021

Procedure of Divorce for Overseas Pakistani Men
If you are wondering how can I send my divorce notice to my wife in Pakistan from foreign country and you don’t to appear in person before any court then follow these steps:
First, overseas Pakistani husband makes sure that he knows the permanent or last known residence of her wife.
Then he has to execute two major legal documents, the divorce deed ( we have complete format of the divorce deed and special power of attorney).
In special power of attorney any person who may be a relative or close friend will be appointed as his representative. This nominated person will appear in any legal forum including the concerned union council.
Now Pakistan’s high Commission of that country where the husband is staying will attest to the above mentioned two documents.
After attestation, these documents will be sent to Pakistan’s foreign office.
Once the foreign office receives the divorce deed and special power of attorney. It will counter attest these papers after you submit the required fee.
After the attestation process completes, the nominated person in the attorney will send the divorce deed to the wife’s address and at the same time, one copy will be sent to the concerned union council.
The union council will start a proceeding in which representatives from bother sides will appear, so that matter might be reconciled. In case no compromise the chairman union council will issue an original divorce certificate to the husband.
How long does a divorce procedure take in Pakistan? Well! it will take 90 days to issue a divorce certificate.
This divorce certificate is needed when the husband wants to do second marriage in Pakistan.
Lastly, if the husband wants to marry a woman living in his country of stay then he has to attest this certificate from a foreign office of Pakistan and present it during the marriage proceeding. otherwise, he has to face criminal proceedings.
This is the divorce procedure for overseas Pakistani. If you need help in that matter you can contact us via calls & whatts app: +923002151013

23/12/2017

23/12/2017

Law and Procedure of Second Marriage in Pakistan
The Muslim Family Laws Ordinance, 1961 prescribed the law about polygamy, permission to second marriage and complaints.

POLYGAMY.

(1) No man, during the subsistence of an existing marriage, shall except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under Sub-section (1) shall be submitted to the Chairman in the prescribed manner together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

(3) On receipt of the application under Sub-section (3), Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such condition if any, as may be deemed fit, the permission applied for.

(4) In deciding the application the Arbitration Council shall record its reasons for the decision and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

(b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

West Pakistan Rules under Muslim Family Laws Ordinance 1961 prescribed the procedure of second marriage and complaints.

POLYGAMY

In considering whether another proposed marriage is just and necessary during the continuance of an existing marriage the Arbitration Council any, without prejudice to its general powers to consider what is just and necessary, have regard to such circumstances, as the following amongst others :
Sterility, physical infirmity, physical unfitness for the conjugal relation, willful avoidance of a decree for restitution of conjugal rights, or insanity on the part of an existing wife.

An application under sub-section (1) of section 6 of permission to contract another marriage during the subsistence of an existing marriage shall be in writing, shall state whether the consent of the existing wife or wives has been obtained thereto, shall contain a brief statement of the grounds on which the new marriage is alleged to be just and necessary, shall bear the signature of the applicant, and shall be accompanied by a fee of one hundred rupees.
COMPLAINTS

No Court shall take cognizance of any offence under the Ordinance or these rules, save on a complaint in writing by the Union Council, stating the facts constituting the offence.
Legal Amendments

Punjab substitution of rule 21 : (Notification No.S.O. X-1-1975-Vol. ll-Punjab Gazette, Extra, 26th November, 1976).

No Court shall take cognizance of any offence, under the Ordinance or these rules save on a complaint in writing by the aggrieved party, stating the facts constituting the offence.’

23/12/2017

Civil Cases
CIVIL LITIGATION IN PAKISTAN

A FULL SERVICE PAKISTANI LAW Ch. Shoaib Anjum Advocate High Court knows how to face challenges arising out of difficult and complex civil litigation cases. We are a well-trained team, working collaboratively in order to win lawsuits. We are confident that we can achieve the needs and best interests of our clients. We have a team of widely known Advocates and Lawyers specializing in all areas of civil litigation.

Our Advocates and Lawyers engage our clients at all stages of the process by claims and counter claims that occur in different multiplicity of lawsuits. Our team is highly experienced and has dealt with hundreds of cases in Pakistan with a proven record of accomplishment of winning.

Our specialized team studies all the available options in relation to its cases and then advises the client on the best legal action to adopt before the courts. We are sufficiently experienced and professionally equipped to fight on behalf of our clients, be it in the case of the plaintiff or the defendant, in order to achieve success.

R & K’s professional team deals with all aspects of juridical administrations facing our clients. We work hard to utilize effective measures in order to shun and avoid problems. We use aggressive legal actions to protect clients’ rights and their business plans from others’ aggressions.

We have very vigilant and aggressive approach in dealing with Civil Litigation including:

Our services include but no limited to:

Partition of Properties, Cancellation of Documents, Specific Performance of Contracts, Restoration of Possession of Properties, Permanent Injunctions, Suits for Dissolution of Partnerships, Rendition of Accounts, Recovery of Money and Mesne Profits, Declaration of Rights with Consequential Relief, Recovery of Damages, Succession Certificates, Stay Orders, Constitutional Writ Petitions before the Higher Courts, Recovery of Bad Debts and Loans:

Our Law Firm deals with cases of Special Laws relating to:

Consumer Protection, Environmental Protection, Electricity, Gas and Petroleum, Service Matters, Intellectual Property, Excise and Customs, Import & Export.

Rent Matters: Ejectment of tenant, Fixation of fair rent, Recovery of rent amount, Registration of rent deeds, Rent Appeals.

Recovery of Bad Debts and Loan: Our law firm is very successfully providing legal services for recovery of bad debts and loan by initiating civil and criminal proceeding against defaulters in very vigilant and aggressive manner.

23/12/2017

Succession Certificates

Succession certificate is issued by a civil court in Pakistan in favour of legal heirs of a deceased person. This certificate is issued in respect of movable property of a deceased person, for example a car, money in bank account, jewellery etc. The procedure often becomes more complicated if there are competing claimants of the same property or asset, and the matter is finally decided by the court. Contact us to discuss your particular circumstances as our expert lawyers have vast experience of the whole process of obtaining succession certificates.
Law of Succession 1925 or Succession Act 1925 governs the all procedure related with succession certificate in Pakistan.
Succession Certificate is required when a person dies in order to transfer property of deceased person to his/her legal heirs such as insurance claims, money in bank account(s), any stocks, prize bonds, Stock exchange Shares etc.
There are two different ways to file an application for succession certificate…
All legal heir can file a joint application in the court with the consent of other legal heirs. During proceedings all legal heirs record their statements in favor of that one legal heir that they do not have any objection to the issuance of succession certificate to that one legal heir. Court in this scenario decided the application in favor of one legal heir who after wards distributes the property among other heirs.
Second method to obtain succession certificate is that all legal heirs apply for succession certificate individually and court issue certificate to all of them according to their share in the property.