Legal Question in Family Law in Pakistan

AOa mri shadi ko 2 saal hoa hai 1 yr ka beta hai & m 3 months pregnant but susral ar husband kk sakht attitude na mjhy divorce ka sochne pa majboor kr dia hai husband hath b uthata hai..lakin after this mai apnay bachay apne pas rakh skti hn agr han tou kya koi sharait hn ge ya wo jo law hai k shaid 7 yrs tk ap beta rakh skte ho wgara uske baad nai kindly guide me... mra 2nd marriage ka koi irada nai iske ilawa tou koi aise baat ni ho ge jis se bachay baap k pas jain?? plz ans me soon 4

Asked on 12/23/13, 4:08 am

3 Answers from Attorneys

Gulbaz Mushtaq

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1. For obtaining separation from your husband, you need to file a suit for Dissolution of Marriage on basis of 'Khula'.

2. There is no specific requirement for obtaining child custody, the courts determine question of "welfare of minor" while dealing with custody matters. If, in view of the court, welfare of the minor lies with mother, the court awards custody to her. However, if mother does not contract 2nd marriage, this is usually a strong case in her favour.

Answered on 12/23/13, 4:42 am

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Javed Iqbal

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Dear,If you do not want to make second marriage then I advice you should not go to court for dissolution of your marriage. You should file petition for maintenance allowance of your kids and yourself against your husband. And keep your kids with you. Latter on if your husband divorces you then you can claim your stipulated amount mentioned in nikahnama and you can file a suit for custody of your kids if husband tried to get your kids. At the moment you should only file petition for maintenance allowance of kids and yourself.

For more consultation you can call me on 0333-8081297 or email me on [email protected]

Answered on 12/23/13, 6:43 am

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