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Family Cases/ Family Lawyer

Family Cases/ Family Lawyer

Family Cases/ Family Lawyer

Our Family Lawyers in Lahore, Provide Best Services for Given Family Cases;

1.Maintenance of wife, Our team's Family Lawyer deals in cases regarding maintenance of wife.
2.Maintenance of children, it is legal duty of father to bear the expenses of children and if children are not maintained by the father the minor can sue the father for the maintenance.Our Family Lawyer deals in maintinance cases.
3.Recovery of Dower Amount (Haq Mahr), wife can sue the husband for the recovery of dower amount (haq mahr).
4.Recovery of Dowery Articles (saman-jahez), wife can sue the husband for the recovery of Dowery Articles (saman-jahez).
5.Custody of children, services related to child custody are also provided by our Law Firm.
6.Guardian certificate, our services are available to help you seek Wilayah or Hizanah of minor.
7.The succession certificate.
8.Khulla by wife through court
9.Divorce / Talaq
10.Court Marriage.
11.Restitution of Conjugal Rights.

DOWER/MEHAR

Our Family Lawyer may assist you about Dower or Mehr, which is a sum of money or other property which becomes payable by the husband to the wife as an effect of marriage. It may consist of anything that can be valued in money, is useful and ritually clean. Mehr can be classified into “prompt” or “deferred” dower. The former is payable immediately on marriage whereas the latter is payable on the dissolution of the marriage by death or divorce, or under specific circumstances. Mehr is wholly and solely the wife’s right and must be paid, even if she waives her right to receive it because under Islamic law, a pre-nuptial agreement releasing the husband from his obligation to provide the wife with dower is regarded as a void contract.

WHAT IS MAINTENANCE?

Our family lawyer may assist you about the Maintinance;

The word maintenance has not been defined in the Family Court Act, therefore we have to look at the dictionary meaning.

Maintenance”: A money paid by one person to support another, as ordered by a court of law. e.g. money paid to an ex-wife and/or children following a divorce.

According to Muslim Family Laws,1961 a father is bound to provide maintenance to his children in any case whether minors are living with father or mother holds the custody of minor children. The superior courts of Pakistan are very clear and strict on this issue that father should pay the maintenance to his children in any case.

In Pakistan, to fix maintenance, Family court see the living standard of parties and income of father. Now according to prevailing laws of country, family court fixes an interim maintenance on first appearance of father and up-to Rs, 5000/- per month per child is not appeal-able before any forum. 

father is bound to maintain his sons until they have attend the age of puberty. He is also bound to maintain his daughters until they have married. But he is not bound to maintain adult sons unless they are disabled and infirmity or disease.

In the light of the above, it is quite evident that to maintain his child is obligatory on the father and his responsibilities cannot be absolved merely on the basis that mother is an earning hand.

MAINTENANCE OF WIFE AND/OR CHILDREN UNDER MUSLIM FAMILY LAWS ACT.

The following versus of the Holy Quran gave rise to the rights and obligations of

Maintenance: “Let the men of means spend according to his means, and the men whose resources are limited, let him spend according to what God has given him.”1 “Let the women live (in iddat) in the same style asye live, according to your means”.2“But he shall bear the cost of their food and clothing on equitable terms.

Maintenance can be said as nafqah or nan nafqah, have to be on shoulders on husband towards his wife and children. He have to bear their basic expenses and here are some rights and remedies available which wife can attain , if husband didn’t discharge his obligation.

The Holy Qur’an says: “The women have almost the same rights over men as men have certain rights over the women in kindness.”

Beloved Prophet SallAllaho Alaihi wa Sallam has said: “Best among you are those who behave well with their women.”

Duties of Husband

Following are certain duties owed by husband in relation to his wife and children, in violation of it he have to face serious penalties and punishment as laid down by the court,our teams Family lawyer assist you how to initiate proceeding.

Husband is bound to maintain his spouse and legitimate children because in Islam Man have given all the authorities and burden his shoulder to maintain his house i.e. wife and children. He is obliged to provide sufficient means so his wife and children feel protected and free from fears of hunger and social security.

These are the duties of husband when then women is her wife but after separation , divorce and iddah what duties accrue to husband simultaneously what rights does a woman incurred in a situation where that man is no longer pronounced to be her husband, is she still got a remedy ? yes she has

There are certain situations here:

  1. When a women is divorced,
  2. When a women took khula
  3. When a women uses her right of talaq e tafwiz

When a women is divorced by her husband on reasonable ground then she can claim for (haq meher) Dower. Family Law assist you how to claim it. When a women took khula her right of dower extinguished but if she is pregnant then shall be maintained by his husband, and As Holy Prophet PBUH SAW said that if both of you have conflicts in between you leave them , and bear the expense of women till she is feeding your child. When women used her right of talaq e tafwiz as given in nikah namas so she can have her dowry amount to, it’s basically a delegated right of divorce own to her as well. When a women becomes widow from the estate of the dead man she can be compensated, as well as according to law of succession and inheritance she can hold maintenance be compensated from there.

But basic liability to maintain women by her husband is only during the iddah period.

Provided this according to section 10 of Muslim Family Ordinance Where no details about the mode of payment of dower are specified in the nikahnama or the marriage contract, the entire amount of the dower shall be presumed to be payable on demand

In Mulla’s Muhhamedan Law, it is stated as follows:

“278. Order for maintenance – If the husband neglects or refuses to maintain his wife, without any lawful cause, the wife may sue him for maintenance, but she is not entitled to a decree for past maintenance, unless the claim is based on a specific agreement. Or, she may apply for an order of maintenance under the provisions of the Code of criminal Procedure, 1898, s. 488, in which case the court may order the husband to make a monthly allowance in the whole of her maintenance not exceeding five hundred rupees.”

 “If a length of time should elapse during which the wife has not received any maintenance from her husband, she is not entitled to demand any for that time except when the Kazee had before determined or decreed it to her..” section 5 of the limitation act in Pakistan can allow that parties after delay can be compensated and have remedies available to.

Divorced women are entitled to maintenance not only for iddat period from their former husband but also to reasonable and fair provisions for future maintenance. S.3 of the Muslim Women (Protection of Rights on Divorce) Act has to be given under the liberal interpretation to help divorced women. K. Zunaideen v. Ameena Begum (1998) 1 ctc 566[10]

 

When Wife Is Not Entitled To Compensation

Our Family Lawyer may assist you in this regard.

Also read about the Divore Law and process of Divorce, Khulla; https://legalopinion.pk/service/khulla-talaq-divorce

Best Family Lawyer In Lahore