We frequently receive calls from women and men who are facing a difficult marriage and seriously thinking about getting out of it. 
While we do attempt to meditate family law disputes where mediation is possible, we also recommend litigation in appropriate cases – and then carry it out.
The three most frequent forms of family litigation in Pakistan, which frequently run simultaneously, are:
1. Suit for Dissolution of Marriage through Khula’
This is the least costly and time-taking part. Since the cases reported as Mst. Balqis Fatima v. Najm-ul-Ikram Qureshi, PLD 1959 Lahore 566 and Mst. Khurshid Bibi v.Muhammad Amin, PLD 1967 SC 97, Pakistani courts have adopted the doctrine of no-fault divorce. This has made it difficult for any party to resist a suit of this nature. While this is the general situation, professional advice about the precise merits of a cause can only be given after detailed assessment of facts.
2. Suit for Custody of Child
The greatest issue in the dissolution of a marriage is regarding the custody of the minor child, dealt with under the Guardians & Wards Act, 1890. Generally, both parents wish to obtain custody, which is why it is a lengthy, complicated and delicate process. Further professional advice can be given after a detailed assessment of the facts and circumstances.
3. Suit for Maintenance of Child.
Sometimes considered an off-shoot of the custody issue in divorce/dissolution cases, the mother is, generally, entitled to seek maintenance of the child in case she is awarded custody. Like custody itself, this is also a time-taking process; primarily because it requires the determination of custody beforehand. Our professionals are available to provide guidance in accordance with the circumstances.
Other frequently filed cases include:
1. Suits for Recovery of Dower
2. Suits for Restoration of Conjugal Rights
3. Habeas corpus petition, under the CrPC
4. Guardianship Suit – which is also used strategically during adoption proceedings.
There are also some cases which do not directly related to family law; however, in certain situations, they need to be filed on urgent basis to protect the client’s interest. Foremost amongst this category are suits for declaration and injunction which aim to protect benami property which people often entrust their spouses with, but which can become vulnerable in times of conflict.
For more information and Pakistani family, including trans-national family law, please don’t hesitate to reach out to us.
NAMES AND CONTACTS OF OUR FAMILY LAW TEAM:
- Umer Ijaz Gilani, Advocate Supreme Court, Contact No. 03015011568
- Bebarg Sattar Baloch, Advocate High Court, Contact No. 03325053757
- Muhammad Osama Yousaf, Advocate, Contact No. 03325106458
- Sajjad Hameed Yousafzai, Advocate High Court, Contact No. 03029104210