Legal Question in Family Law in Pakistan
We are highly educated working professionals married for 6-years with 4 year old son and 4-months old daughter. My wife, a stubborn character and habitual trouble-maker at home, moved to her brother along with my 4-months old daughter. The 4-year old son stayed with me of his own consent, liking and attachment. Couple of days later, instead of coming back home, She filed an application to local Police Station for illegal custody and recovery of 4-year old son from my custody with made-up allegations. PS tried to ressolve the issue through mutual compromise that she refused and instead filed a suit in High Court under Cr. Misc. 491 Hebeaus Corpus / article 199 on false pretext i.e., domestic voilence, child abuse, pschic problem etc. and got custody without my explanation to the Judge. I was left with visitation rights fortnightly depending on her consent for venue/time duration, however she has been abusing that right , i.e., did not allow me to see kids for more than 15-30 minutes during last 2-visitations /15-days and that was only in court premises instead of a more family-oriented meeting place. Moreover, she does not even allow a telephone conversation with my son or school visitation. All this is being done to break the bond b/w me and my son and pschologically torture me. Should I report this matter of abuse to the court and seek contempt and ask for Change of Visitation/Parentime time. Should I file defamation? The case is still pending with HC till next hearing that is in a month time. Although some elder family members tried to talk it out, but to no avail either. Please HELP with an opinon.
2 Answers from Attorneys
Dear,
I can advice you after knowing the followings;
wife filed petition 491 for recovery of minor in LHC and what was held in LHC order?
whether you approached family court for custody of your minor child?
which court gave you right of visitation of minors?
what was the order of the court which gave you right of visitation of minors?
what were the terms and conditions of this order?
Dear you can apply for custody of minor child and this is to be sought through family court. Only family court has exclusive jurisdiction to decide such matters.
For more consultation you can call me on 0333-8081297
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