Let Know Present Khula and Divorce Law in Pakistan by Lawyer

Present Khula and Divorce Law in Pakistan:

If you wish to know the present divorce law in Pakistan or law for khula in Pakistan, you can contact Jamila Law Associates. The Procedure of Divorce in Pakistan & Divorce Procedure in Pakistan is very simple and easy to females after know the divorce law in Pakistan. Provisions of Guardians and Wards Act, 1890 impugned by the petitioner, which authorized the court to appoint a guardian or a person for person or property or both for safeguarding interests a minor under the present divorce law in Pakistan or law for khula in Pakistan, were just for their welfare and the court was duty-bound to consider all facts and circumstances of each case and pass an appropriate order by the norms of justice as deemed appropriate for the welfare of a minor.

Islamic Principal:

Courts were empowered to appoint or remove guardians, keeping in view the Islamic principles of justice. Shariat’s petition was dismissed accordingly.  The record revealed that the father had moved the application under S.17(3)(5) Guardians and Wards Act, 1890 before Family Court and appellate Court praying to record the statements of minors. Still, the request was disallowed for no compelling reasons in the present divorce law in Pakistan or law for khula in Pakistan. While deciding the issue of Custody of a minor Court had to consider all the circumstances.

Present Sonerio:

In the present case, admittedly, the minors were living with their father since 2015, when the parents of the minors started living separately. Finally, the marriage was dissolved by way of Khulla the same year. Father was a natural guardian of minors, and with him, the children were living since their birth, and there was stepmother and grandmother to look after their well-being. There were no adverse allegations against their attitude towards minors. Right of Hizanat lay in favor of mother only up to seven years in case of a male child, admittedly in the present case both the minors were more than seven years of age.

Law For Khula in Pakistan:

High Court on the present divorce law in Pakistan or law for khula in Pakistan, during the hearing, sent both the parents out of the Courtroom, and one by one, both minors were asked to disclose their preference as they looked intelligent enough to form their opinion. Minors disclosed their schooling and daily routine and repeatedly expressed their wish to live with their father as they were properly looped after by their grandmother, stepmother, and Father. Preference of the minors could not be ignored altogether and had to be given due importance.

Divorce Law in Pakistan:

Minors needed supervision of their father at such growing age to groom properly under the present divorce law in Pakistan or law for khula in Pakistan. High Court observed that the welfare of the minors, in the present case, lay with the father while charting out a visitation schedule for a mother to meet them occasionally. it set impugned orders passed by the two Courts below aside. The constitutional petition was allowed accordingly.  Father contended that the mother of a female minor had contracted marriage with a stranger to the minor. She had lost her entitlement for the female minor’s custody in the present divorce law in Pakistan or law for khula in Pakistan. The appellate court had wrongly given custody of the female minor to the mother. The mother contended that the appellate court had rightly passed judgment in her favor Validity.

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