Family matters are handled with discretion and with an eye on what actually settles the dispute. Many family cases are better resolved through a negotiated settlement recorded before the court than through years of contested litigation — but where a settlement is not possible or not safe, the case is fought properly.
What this covers
- Divorce and dissolution of marriage
- Khula and judicial separation
- Maintenance for wife and children
- Recovery of dower (haq mehr) and dowry articles
- Child custody (hizanat) and visitation rights
- Guardianship of person and property of a minor
- Restitution of conjugal rights
- Succession certificates and letters of administration
Dissolution of marriage, khula and maintenance
Suits for dissolution of marriage and khula are filed before the Family Court having jurisdiction where the wife ordinarily resides, and are pursued together with claims for maintenance, dower and dowry articles so that the whole dispute is decided in one set of proceedings rather than piecemeal.
Maintenance claims are supported with evidence of the husband's means and the reasonable needs of the wife and children. Interim maintenance can be fixed by the court early in the proceedings.
Custody and guardianship of children
Custody applications are decided on the welfare of the minor above all other considerations. Applications under the Guardians and Wards Act, 1890 are prepared with that standard in mind — schooling, care arrangements, the child's own preference where old enough, and the conduct of both parents — along with visitation schedules that are realistic enough to be complied with.
Succession and inheritance
Assistance is provided in obtaining succession certificates and letters of administration for the estate of a deceased family member, and in resolving disputes between legal heirs over property, bank accounts and shares.
Questions clients ask about family law
How is khula obtained in Pakistan?
A wife may file a suit for dissolution of marriage on the basis of khula before the Family Court. The court first attempts reconciliation; if reconciliation fails, it may dissolve the marriage on the basis of khula, ordinarily subject to the return of the dower received or such terms as the court considers just.
Who gets custody of the children after separation?
Custody is decided on the welfare of the child, not on an automatic entitlement of either parent. The age and sex of the child, the arrangements each parent can provide, and the conduct of the parties are all weighed by the Family Court. The other parent is ordinarily granted visitation.
Can I claim maintenance while the case is still going on?
Yes. Family Courts can fix interim maintenance for the wife and children during the pendency of the suit, so that the family is not left without support while proceedings continue.
This page is general information about the work handled by the chamber and is not legal advice on your particular matter. Every case turns on its own facts — please get in touch for advice on yours.