Khula and child custody

What do Child Custody Lawyers do in Pakistan? In this article, we will briefly be discussing elements and key factors found in the process of Child Custody Litigation in Pakistan.

khula and child custody

This allows our lawyers to handle sensitive cases effectively whilst ensuring easement to the litigants usually the biological parents. Child Custody cases in Pakistan determine where a child will stay in the event the parents separate or are deceased or are not able to live with their own child together. Child custody usually refers to who has the Physical Custody of a child whilst they are young.

However, they can also be pre-determined ina Mutual Divorce. These can change during the process of litigation. In essence, both are required, and both are usually determined by the court. Guardianship is the Authority awarded to an individual Who becomes the Guardian to take decisions on behalf of the minor Ward. Custody refers to the Physical Custody of where the Child stays. As a child or children cannot be in two places at once, Custody is awarded to one parent Who becomes the Custodial Parent.

Guardianship can be applied for by anyone related to the child. Guardianship, by default, is naturally the Father. As the father bears the expenses of the child, he is given this right by default.

khula and child custody

In Pakistan, a trend is now emerging on Joint Custody is the usual practice where the two parents attempt to share almost equal time with the minor, to prevent alienation of the child from either parent or their extended families. If you have been given a simple visitation schedule for your child, you can always challenge the Visitation Schedule given. If you still are not satisfied with their Judgement you can approach High Court. We can help you with each and every step of the way. Child custody cases are incredibly tricky, as Judges have a lot of factors to consider.

The paramount objective is always the welfare of the minor, which, unless fought spirit-fully, can be an obstacle. Despite the High Courts giving a deadline to lower courts of Child Custody cases to be heard in 6 months, this is rarely followed.

Due to the complex nature of Child Development and Psychological factors affecting the Child during litigation, such cases can take several years. Especially after you factor in appeals and miscellaneous applications. Family Courts operate in a similar fashion to Civil Court Proceedings. It is noteworthy to mention that not all Civil Procedures are binding on family court, until there is a reason for Justice to be served down that route.

Want to get Khula Divorce From Husband - Khula procedure in Pakistan

This is a question we get asked all the time! Every case has its own individual merits and circumstances. Under Shia law, A mothers hizanat providing she has not voluntarily given this up or has not been disqualified will be for a young son until he is 2 years of age, and for a young daughter until she is 7 years of age.

Under Sunni law, A mothers hizanat providing she has not voluntarily given this up or has not been disqualified will be for a young son until he is 7 years of age, and for a young daughter until she reaches puberty Which courts have been considering the age of 9 years. This is usually where the problems occur. Naturally, the Character of the mother is always under scrutiny if she is the Custodial Parent.

If it is uncovered that the Mother If she is the Custodial Parent is a convicted criminal, or a drug user, or is not in alliance with Religion, This can also disqualify her. A Custodial Mother who has a bad reputation in society i.Recently I can not attached my kids due to residence at my friends house.

What is the law about custody of my kids? In khula one thing is sure that the wife has to withdraw many things like Haq Mehr and gifts she has taken from you. Regarding you custody of children, it can not be decided in the Khula case. You have to file a seperate case in the guardian court under the Guardians and Wards Act for the guardianship of children. Legally speaking the custody of male children above the age of seven years go to the father and the custody of female children usually go to the mother.

Also the father has to pay the maintainence of the females till they get married. However, you still have to prove yourself competent to manage the affairs of children in order to get their custody.

Divorce and Child Custody in Islam

Also if the wife married another man after getting Khula then her entitlement to the custody of children is questionable. Ask Free Legal Question. Your browser doesn't support JavaScript or JavaScript support has been disabled.

You must enable JavaScript to use this application. Legal Question in Family Law in Pakistan. I hope you will reply me so that I have mentally prepared. Haasan Siddiqui. Mark as helpful. Salman Khan International Lawyer. I need khula from my husband how can i easily get khula, i have'nt support from any My question is about Inheritance. If a Muslim man whose parents and brothers, My wife has applied for khullah for last 3 moths and we are living separately for My name is Asad from Pakistan.

My sister had her nikah just 2 days ago Hello i m a married women my age is 30 and i m married from last 5 years. Match Any Match All. Get Free Legal Advice. Featured Attorneys. Find An Attorney.

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Are you an Attorney?Granting that couples cooperate and come to a mutual agreement on what is best for their children then Islam would support it. The issue of child custody is not fostered on gender; it is based on the capability and suitability of the parent; that is, which parent is better prepared to raise the children.

When parents cannot agree on settling the issue of custody, then in most cases, the father would obtain custody of the children.

khula and child custody

Again, this is conditional based on the premise that the father was religious and morally qualified. Otherwise, the children may remain with the mother, and the father must continue to financially support his children. If the father were granted custody of the children, it would not mean that the mother would be denied seeing the children. The mother would continue to have access to her children.

A father could never deny a mother the opportunity to be with her children. Fatma: What is the consensus among scholars on the age criteria of children when parents cannot agree on custodial rights? Sayyid: There is no consensus among the scholars, but the general rule among the scholars is that when parents separate and they cannot agree on the issue of custody, then the mother would attain custody of the boy until the age of two and the daughter until the age of seven.

However, this rule is conditional and dealt with accordingly, case by case. This is an essential developmental time for a child, and the parent that best fits in catering to the needs of a child during those years is the mother.

In most cases girls, because of their natures, are entitled to be in the care of their mothers for a longer period than boys. Fatma: Considering both parents were qualified religiously, morally, and financially, and each parent wanted custody of the children, how would Islam normally deal with such cases? Sayyid: Presuming that both parents wanted custody of the children, and both were qualified in the areas you mentioned, the father would attain financial and custodial rights of the children.

There are many reasons as to why Islam has held the father to be the legal guardian of the children β€”the most critical of which is remarrying. In most cases, after couples divorce they remarry. The chances of a man remarrying with children are much better than a woman with children. As unwarranted as it may be, the children may become an impediment to the woman trying to remarry. Scholars also take into consideration that if the children are brought into the home of another man they may not be fully accepted.

Reasons such as the ones mentioned, are an attempt to preserve and safeguard the children as well as the parents. Fatma: What would be the grounds for the mother to be granted full custodial rights? Sayyid: There are many reasons. Furthermore, if the father were morally corrupt, irreligious, or indecent β€” these would also be decisive factors. Fatma: In some instances where a father has died, the paternal grandfather attempts to claim custodial rights of the children.

Does Islam permit the grandfather the right to take possession of the children while the mother is present and capable of raising them? Sayyid: In the absence of the father, Islam permits only the paternal grandfather, if he chooses, custodial rights of the children.

However, if the mother is financially and ethically capable of raising her children, without any form of negligence, then she may petition the Islamic courts or take her case to a religious scholar to secure the custody of her children. Skip to main content.If you're in a western country. Most likely you.

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And take him to Islamic court for divorce. Or get a man from your family to speak to him. Dear sister the uk Government are placing the children with the most unislamic parent of the two, my advise after first hand experience of uk Government oppression. Is if you are a practicing muslim Ma Sha Allah. Take your children and leave the uk to a muslim country. The uk are criminalizing the practicing parents.

In islamic law the most pious of the two parents gain the custody. My mother and father got divorced when I was 2. I live in America and my father got full custody. My mother went back to her country. Just to give you an idea. There are as many possibilities of the outcome as there are families.

Cancel Reply. More in Child Custody Do I stay and break up my family or go and risk everything? Pressured into marrying a woman I do not love To divorce or not to divorce? If I ask my husband to separate 3 times is it khula? Our Sponsor: Zawaj. Child custody after khulah?Khula Divorce β€” Khula procedure in Pakistan. The right of Khula is the legal and Islamic right granted to the Muslims women to seek a divorce from her husband without his consent while he refused to divorce his wife.

Zahid Law Associates providing legal assistance for featuring reliable documentation and matrimonial disputes resolutions. Zahid Law Associates always ensure all legal aspects of the separation cases. The paternity of children may also be questioned. Wife when filing a Suit for Khula must waive-off her dower amount Haq-e-Mehr if it is not paid. The court may decide how much and what to be returned on the facts and other evidence of the case.

After hearing the case for Khula, the Family court may issue a decree with direction to send an intimation to the Chairman Arbitration Council or Union Council who proceeds the parties for reconciliation within 30 days otherwise the Khula decree may become effective on expiry of 90 days in case of not joining the husband and wife.

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Khula is the right of a wife in Islam to seek dissolution of marriage from her husband through the intervention of the court. The offer for separation in Mubarat may proceed either from the wife or from the husband and as soon as it is accepted dissolution is complete.

Guardian and Wards Act is the law, the family court can also entertain suit relating to custody of children according to the Family Courts Act The general rule is that the interest and welfare of the minor child should be of paramount consideration. What is the procedure a husband should adopt to give divorce to his wife in Pakistan?

Within thirty days of the receipt of notice of Talaq chairman shall constitute an arbitration council for the purpose of bringing about reconciliation between the parties and after the expiry of ninety days if reconciliation fails divorce will take effect. Yes, the wife can pronounce divorce if she has a right of divorce Talaq-e-Tafweez delegated by her husband in Nikahnama marriage contract under the terms agreed in between husband and wife.

Blog: Importance of Nikah Registration in Islam. Nikah Registration in Pakistan. Rights of Divorce or Khula to Wife in Islam. Can husband and wife dissolve their marriage through mutual consent? What is the law for custody of children for divorcing couples in Pakistan? Can a Muslim wife pronounce the divorce?

Is it permitted in Islam? Open chat. Powered by.Paternity law deals with the legal acknowledgement of a man and their child. At the same time it is very important to ascertain this legal right in a range of situations regarding custody but also various other issues, and this is what necessitates paternity lawyers. If you are faced with having to go through a child custody dispute, you should be familiar with the basic aspects of child custody law and have an understanding of how the process works.

Unless you are fully knowledgeable, always hire a qualified child custody attorney who is good in family law. First, there are two basic aspects relating to the custody of a child β€” legal custody and physical custody. If only one parent has been given sole legal custody, then that parent can make all decisions relating to the children without consulting the other parent.

Sometimes parents will be given joint legal custody and decisions will then have to be made jointly. There may be various degrees of custody depending on the individual case.

For example, a parent may have legal custody, but they may also have a duty of consultation with the other parent to inform them prior to any decision being made. The other aspect of child custody law is the physical custody. This determines where the child will physically be living. Sole physical custody means the child will be primarily with one parent and will have visitation with the other parent. On the other end is true joint physical custody where the parents have equal time with the children.

There may be other possibilities for physical custody. Physical custody is always open to disputes as each parent will want to fight for their own right first and foremost. However, the law will need to look at the best interest of the child first. However, the best interest of the child may not be easily defined in real life and what seems best to one party may not appear so to be to another party. The court will try to be fair to both parents but more often than not, equal time between parents is usually not possible or practical and one parent will have to make the sacrifice.

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I believe that parents should also accept that the needs of the child come first and not to focus only on what they themselves want. Too often parents focus only on why the other parent should not have custody and they fail to see their own shortcomings.

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Emotions can run high in child custody disputes but in the end, the actual decision on each case must be based only on the facts of that case itself. Parents should avoid comparing custody cases of other people that they deem similar.

When there is an inevitable divorce, it is most important that parents work out a custody arrangement first, setting out how the parties will approach custody and visitation time with their children. Although the Courts can order a custodial arrangement, agreements reached directly between the parents will have the best chance of working out than those enforced by the court in the event of legal disputes.

Even if you have hired an attorney, it is wise to read up regarding child custody law yourself. There are many very good books written solely for mothers and fathers in child custody cases and they are written in very easy and readable format. Thanks a lot for the post.

COuld you let m eknow what books I should read. I have a sister in law who is going through the same. I give divorce to my wife in Panchait that time she was agreed to give my son to me for divorce but now after one month she is not full filling her words and going to in court for case regarding to baby. After divorce he gave me my child that was only 56 day's Pls tell me what to do, can she took baby from court? Absolute right of parents over the destinies and the lives of their children has, in the modern changed social conditions, yielded to the considerations of their welfare as human beings so that they may grow up in a normal balanced manner to be useful members of the society and the guardian court in case of a dispute between the mother and the father, is expected to strike a just and proper balance between the requirements of welfare of the minor children and the rights of their respective parents over them".

The right of custody over the child remains as long as the child does not reach the age of seven. Once the child reaches the age of seven, the father can take the child forcefully if he wishes todo so.

The right of custody over a girl remains until she reaches nine years of age. Once she turns nine, the father can take her and the mother does not have the right to prevent her from going.

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If the mother marries a person who is not a mahram relative of the child, then the mother forfeits the right of custody over the child. However, if thewoman marries a mahram relative of this child, e. Dear Sir, Due to bad conduct of my wifei want to give her divorce. My wife belongs to a bad character n notorious family.Jump to navigation. Shari'a, the Arabic term for Islamic law, first appears in the Quran to mean "path" or "way.

Although a number of Islamic countries have revised their legal systems to incorporate other secular systems, Shari'a continues to influence and shape the family laws of many such nations. It is important to understand the basis of the Islamic family structure when approaching custody disputes, and to understand the abduction risk factors unique to the Islamic world.

Shari'a is derived from four principle sources: the Quran, the sunnathe ijmaand qiyas. The main source of Shari'a is the Quran, a collection of revelations the Prophet Mohammed received from God.

However, while it sets forth certain fundamental legal rules, the Quran does not provide specific legal prescriptions in many areas.

The sunnaor the practice, conduct, and tradition of the Prophet, is the second most authoritative source of Shari'a. If all the scholars of a certain era agree on the legal point at issue, their view is authoritative. In the event that none of these three sources provides the necessary legal authority, a jurist may resort to qiyasor reasoning by analogy, and apply an accepted principle or assumption to arrive at a rule of law.

During the life of the Prophet Mohammed, legal questions were decided without controversy based on revelations he received from God, or on his personal opinion subsequently confirmed or corrected by revelation.

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Following his death, however, different schools of legal thought developed. Over time, different schools of thought developed within the Shia and Sunni sects. Today, Sunnis comprise the majority of Muslims. Although many Sunni juristic schools existed in the past, only four main schools have survived: the Hanifi, Hanbali, Maliki, and Shafii schools.

While the different schools agree on certain fundamental legal issues, their various interpretations and views of the sources of Shari'a have given rise to different rules on many points of law. Hanafi School : Of the Sunni schools, the Hanafi school is the most widespread and widely applied in modern Shari'a-based legislation. Zaidi School : Followers of the Zaidi school are found mainly in Yemen.

Shari'a has influenced the legal systems of modern Islamic nations to differing degrees. Turkeywhich has a predominantly Hanifi Sunni population, has a secular legal system based on European models.

In certain areas, legislation may borrow from the teachings of different schools or modify the traditional Shari'a rules. It is therefore important to have local counsel to obtain advice regarding the laws of a particular jurisdiction. For the sake of simplicity, the discussion contained in this text presents only a general overview of certain traditional rules of the main juristic schools.

Marriage has a central role in Islam. Marriage is considered essential to the stability and growth of the family and the basic unit of the Islamic community. In Islam, marriage is a civil contract between husband and wife legalizing intercourse and the procreation of children.


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