Family LAW

1. Divorce & Separation: Divorce and separation has significant aspects of Family Law, involving the legal dissolution of a marriage or the formal separation of a married couple. Khula is a legal procedure available under Islamic law that allows a Muslim woman to see a divorce from her husband through the court. In Pakistan, the process of Khula is governed by Islamic principles and the laws of family and personal status.

A)Procedure of Khula In Pakistan: A khula is a way for a woman to get a divorce from her husband. If the wife is not willing to live with her husband & wises to dissolve the marriage, she can file a Suit for Dissolution of Marriage state her grounds for the divorce on Principle of Khula in the Court of Law having competent jurisdiction. It is an Islamic right available to Wife to seek dissolution of her marriage under certain conditions.

Wife needs to do is to hire a competent lawyer & provide him/her with all the details, documents necessary for preparing a case, and she must prove that she has made efforts to reconcile with her husband, but those efforts have failed. If wife do not possess the Marriage Certificate (Nikah Nama), she can still file a Khula case in court of law with an Affidavit whilst confirming the date of marriage and the fact that Marriage Certificate is in custody of Husband or any third person as the case may be.

After the case is filed, Wife along with a witness will submit oral as well as written evidence in court if applicable, after which the Court announces Khula in favor of the Wife. The decision of the family court pronouncing Khula is called the “Khula Decree”. The khula proceedings may take upto 1-2 months maximum.

B)Maintenance Law In Pakistan For Wife Maintenance law in Pakistan for wives is governed by various statutes, including the Muslim Family Laws Ordinance 1961 & the Code of Criminal Procedure. The law aims to ensure that a wife is provided with financial support by her husband during the subsistence of their marriage and, in some cases, even after divorce. In Islamic Law, Nafaqah (maintenance) is a right of a Wife on its husband. The husband has a legal obligation to provide maintenance (nafaqah) to his wife during the marriage.

This includes covering her essential living expenses, such as food, clothing, and shelter, according to the husband’s financial capacity. Wife is entitled to maintenance from her husband from the time of marriage/ wedlock till the time she is officially divorced by her husband. In case of failure of husband to maintain his wife, maintenance claim can be filed in the Family Court of Pakistan, which determines the amount of maintenance payable from the date of default and consequently renders final judgment against the husband.

If the Husband still fails to pay maintenance as determined, the court issue non-bailable warrants after which Husband is arrested. The Husband cannot wriggle out of his obligation by taking a plea of the Wife’s wealth or on the ground that he is unemployed or he has limited income as an excuse for eloping out of his obligation to providing maintenance to his Wife.

C)Maintenance Law In Pakistan For Children Maintenance law in Pakistan for Children is governed by various statutes, including the Muslim Family Laws Ordinance 1961, the Guardians and Wards Act 1890, and the Code of Criminal Procedure. The law aims to ensure that children are provided with financial support for their upbringing and well-being. Both parents have a legal obligation to provide maintenance (nafaqah) to their children.

The father is generally the primary provider of maintenance, but the mother may also be responsible if she has the means to do so. Under Family laws of Pakistan, the father is strict legally responsible for paying maintenance to his children. Maintenance is incumbent upon the father in accordance with his financial circumstances. Sections 488-490 of the Criminal Procedure Code made it incumbent upon the putative father to maintain his legitimate and illegitimate children boy 18 years of age , whereas in case of Girl till she finally gets married. In case of default in paying maintenance to children, a suit for maintenance is filed in the Family Court against the father. Family Court determines the amount of maintenance payable to children from the date of default and consequently renders final judgment against the father to maintain children per month. Additionally, the court also fixes the 10% annual increase in maintenance as Law requires.

If Father still fails to pay maintenance as determined by the court, his assets are attached by the court and are auctioned to recover the arrears. If father has no assets, then the court can also issue non-bailable warrants, which Father can be arrested. Father cannot therefore, excuse from paying the maintenance to children on the plea that he is unemployed or he has limited income. However, if the father genuinely does not have any source of income and is unemployed, the obligation to maintain the children is shifted upon the grandfather to pay the maintenance of the children. Family Law Attorneys assist clients with divorce & legal separation proceedings, including negotiating settlement terms, dividing marital assets, determining spousal support, and addressing child custody and visitation matters.

2.Child Custody and Visitation: Child custody & Visitation provided by Family Law Attorneys to Parents & Guardians who are involved in disputes over the care, custody, and visitation of their children. These legal services aim to protect the best interests of the child while ensuring that the rights of both parents / guardians are considered. Attorneys help parents establish child custody arrangements, parenting plans, and visitation schedules that are in the best interests of the children involved. Having the support & guidance of an experienced Family Law Attorney is crucial to navigate the legal process effectively, protect Parental rights, and ensure the child’s well-being is prioritized.

3.Child Support: Family law services include the calculation & enforcement of child support payments, ensuring that the financial needs of the children are met after a divorce or separation.

4.Adoption: Adoption is a complex legal procedure that involves various steps, paperwork, and compliance with adoption laws and regulations. Adopting a child is a life-changing decision, and the legal process can be overwhelming. Our experienced adoption attorney will provide prospective adoptive parents with guidance, support, and assurance that all legal aspects of the adoption process are properly handled. AR Raheem Consulting Law Firm Attorney will also help expedite the adoption process, reduce stress, and ensure compliance with all legal requirements, making the journey toward welcoming a child into the family smoother and more successful.

5.Guardianship and Custody Disputes:  Guardianship and custody disputes arise when there is a disagreement or conflict over who should have legal responsibility and decision- making authority for a child. These disputes can be emotionally challenging and legally complex, requiring resolution through the court system.

Guardianship refers to the legal authority granted to an individual (the guardian) to make decisions on behalf of a child, including matters related to their welfare, education, and healthcare. Guardianship is often sought when the child’s biological parents are unable or unwilling to care for the child adequately.

Custody, on the other hand, refers to the physical care & control of the child. It determines where the child will primarily reside and who will have day-to-day responsibility for their care.

When guardianship or custody disputes cannot be resolved amicably, the parties may need to seek resolution through the court system. Family courts will consider the best interests of the child when making decisions about custody and guardianship. The court may consider factors such as the child’s age, emotional and physical needs, the ability of each party to care for the child, and the child’s relationship with each party. AR Raheem Consulting Law Firm Family law attorneys assist in matters related to legal guardianship, including disputes over guardianship rights and responsibilities.

6.Domestic Violence and Restraining Orders:  Domestic violence is a serious issue that involves abusive behavior within an intimate relationship, such as between spouses, partners, or family members. It can manifest in various forms, including physical, emotional, psychological, sexual, or financial abuse. To protect victims of domestic violence, restraining orders, also known as protection orders, are legal remedies that can be obtained through the court system. AR Raheem Consulting Law Firm Attorneys represent victims of domestic violence seeking restraining orders for protection against abusive partners or family members.

7.Property Division: Property division cases typically arise during divorce or legal separation proceedings when a couple needs to divide their assets and liabilities. These cases can be emotionally challenging and legally complex, especially if the couple owns significant assets or has disagreements about how to divide their property. AR Raheem Consulting Law Firm Family law services include the equitable division of marital property and assets in divorce cases.

8.Spousal Support and Alimony:  Spousal support, also known as alimony or maintenance, is a financial arrangement where one spouse provides financial assistance to the other following a divorce or legal separation. The purpose of spousal support is to help the lower-earning or non-earning spouse maintain a similar standard of living after the marriage ends. AR Raheem Consulting Law Firm Lawyers assist clients in determining spousal support or alimony payments, taking into account factors such as the duration of the marriage and the financial needs of each spouse.

9.Name Changes: Name change cases involve legal proceedings where an individual seeks to change their legal name. There can be various reasons for wanting to change one’s name, such as marriage, divorce, personal preference, gender transition, religious reasons, or to distance oneself from a negative association.

AR Raheem Consulting Law Firm Family law services may also include assisting clients with legal name changes for various personal reasons. Our team of dedicated & experienced Family Law Attorneys is here to provide you with compassionate guidance, strong advocacy, and effective solutions for all your Family-related legal needs.