Family and Succession

Dissolution of Marriage/Khula/Talaq

When husband and wife cannot live happily together within the limits prescribed by Almighty Allah then they can dissolve their marriage through divorce or khula. The husband can pronounce divorce and wife can file a suit for dissolution of marriage and can also pronounce Talaq, if such right has been conferred upon her. Every divorce or khula case has its own facts, circumstances, drawbacks, challenges and solutions.

Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through intervention of the court. A woman seeks “khula” while man gives “Talaq”. As per Dissolution of Muslim Marriages Act, a woman shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds:

1. 1. 1. Whereabouts of the husband not known for four years.
   2. 2. Husband has neglected or failed to provide maintenance.
   3. 3. Husband has sentenced to imprisonment for a period of seven years or upwards.
   4. 4. Husband failed to perform marital obligations for a period of three years.
   5. 5. Husband was impotent at the time of marriage.
   6. 6. Husband has been insane for two years.
   7. 7. Wife was married when she was minor.
   8. 8. Husband treats with cruelty; leads an infamous life; attempts to force her immoral life; venereal disease; Incurable form of leprosy; Disposes of her property; obstructs her in observance of her religious practice
   9. 9. If wife cannot live with the husband within the limitation imposed by the Almighty Allah.

After obtaining Khula decree from the court; the lady need to file an application before the Chairman Arbitration Council/Union Council of her jurisdiction for obtaining the certificate of dissolution of marriage.

Restitution of Conjugal Rights

What is restitution of conjugal rights? The Restitution of Conjugal Rights in Pakistan are filed when a marriage is usually on the brink of the end, and the married couple requires judicial assistance. The institution of marriage (Including Conjugal Rights in Islam and in Pakistani law) gives the right to a man (The Husband) to have his wife living with him (as long as it’s within the limits of religion and law) in a conjugal (sexual) relationship. The wife also has a right to live with her husband (providing it’s through her choice, and in safety within the laws of the land and religion), and for her to receive financial support from him also (Which is her legal right).

Restitution of Conjugal Rights in Pakistan is a sensitive matter which is utilized, mainly when a husband and wife’s marriage start straining. In the usual instance, one party leaves the marital home (usually the wife), and the other is left alone.

In the event that either party is deprived of the rights, under the Family Courts Act 1964, they are entitled to file a case, in an attempt to restore these rights. If they cannot resolve their differences and issues, they could agree to a mutual divorce, or the husband can file for Divorce via Talaaq, or the wife can file for Khulla. If the wife leaves the house out of her own free will then the husband can file for Restitution of Conjugal Rights. Alternatively, if the wife has been forcefully been evicted from the house, she can also file for Restoration of Conjugal Rights.

If you are looking for a counsel to file this matter or at the moment facing this situation, we can help you! Our panel of experts is always available to guide you and assist you in these kinds of legal complexities, such as khula, divorce, restitution of conjugal rights and other family matters.

Guardianship Certificate

Guardianship certificate is issued by the guardian courts under the provisions of 7 & 10 Of the Guardian & Wards Act, 1890 in Pakistan. If a person already has the custody of child then he/she may apply for the guardianship certificate in the competent court of law. The Certificate of guardianship may be issued for a person or property of a minor and person and property both. To get a guardianship certificate from the court, a person need to hire the services of a family lawyer who will file the case in the guardian & ward court and if the court is satisfied, for the welfare of child it will grant the same. The duration of the case is about two to six months depending on the nature of the case that for what purpose the certificate of guardianship is required. The court seeks evidence and proper grounds on which the guardianship certificate may be issued. A competent lawyer may present this suit before the court. At Javed Qazi & Co. Law Firm, a team of competent lawyers is working who are handling the family matters very professionally and with dedication.

Custody of Child

The custody of Child is a very important issue after the divorce of the parents. The courts in Pakistan decided these matters under the provisions of section 17 & 25 of the Guardian & Ward Act, 1890. The child welfare is the key factor taken into the consideration by the courts while granting custodial rights to any parent. Thus, aspects such as financial stability of parent, reported misconduct, character, and capacity of parent are given importance.

The courts grant physical rights to one parent, however increased number of cases have seen shared legal responsibility and guardianship of any child. The court also considers the preference of the minor while dealing such issues, if he/she is old enough to form an intelligent preference.

Traditionally in Pakistan, mothers are given the ownership of minor. The Sections 17 and 25 of the Guardians and Wards Act, 1890, encircle the rights regarding custody of minors by their parents which rights are usually termed as “Hizanat” and “Willayat” .The word “Hizanat” is used for the custody of minors by mother and the term “Willayat” is used for custody of minors by father.

Adoption of child

Our law firm is professionally dealing with the matters of adoption. Our lawyers are consulting the services of adoption and they fully understand the delicate nature of such proceedings. If a person has decided to adopt a child from a family or orphanage, a competent family lawyer will tactically plead this matter in the court of law.

Succession Matters

According to Sharia, the legal heirs that are blood relations have a right to inherit from the property of the ancestor or a relative after their death. When a person dies and leaving behind the movable or immovable property it is the right of his/her legal heirs to get their due shares over the property as prescribed in the sharia as well as in the law. The legal heirs of the deceased need to require the Succession certificate if the deceased has left behind the money in the bank accounts, pension or bonds, shares in the company, recovery of borrowed money, insurance claims or any other similar investments etc; whereas the letter of administration from a court of law is required to transfer the immovable property on their names.

(i) Succession Certificate:

The Petition for Succession Certificate may be filed for a movable property such as; money in bank accounts, pension or bonds, shares in company, recovery of borrowed money, insurance claims or any other similar investments etc…… That after the death of a person the legal heirs may apply for Succession Certificate. The procedure of succession certificate in Pakistan is followed by a professional lawyer. The succession certificate is issued by a court of competent jurisdiction, which establishes the ownership of the legal heirs regarding movable assets i.e. deposits in the banks, shares, certificates and bonds, stocks, insurance amount etc. issued by the government or the financial institutions etc.

(i) Letter of Administration:

If any person died intestate and left the immovable property behind, his/her legal heirs can file the Petition for the grant of letter of administration in the competent court of law under section 278 of Succession Act, 1925.

In the petition of letter of administration all particulars are stating the time and place of deceased death, family and other relatives, their respective residences, the right in which the Petitioner claim, amount and assets with two witnesses who verify about the legal heirs of the deceased.

That after the determination of the legal heirs of the deceased the court shall grant the letter of administration upon executing the bond and submitting the surety on the name of Petitioner who get mutated the said property in the name of legal heirs.

To get the succession certificate or letter of administration, a proper case will be filed in concerned District Court. It creates the right of legal heirs and determines their share in the property.

Our team of lawyers provides the services in succession matters from filing of a case to appear in the court and till the receipt of letter of administration or succession certificate, in order to protect the legal rights of a person. We further provide services and consultancy on matrimonial and family dispute resolution; divorce agreement preparation; advice on divorce in Pakistan; divorce for overseas Pakistanis; khula procedure for overseas Pakistani’s; court marriage; restitution of conjugal rights; registration of marriages; failure to give talaq notice; division and settlement of matrimonial issues; re-marriage issues and for any further assistance.