Legal Question in Family Law in Pakistan

Please find below answers to your questions:

1. Is there is any law that force me to give guardianship to her?

Ans: The Law does not forces father to give guardianship to the mother. However, if she proceeds to the court, you have to defend it. If you are outside Pakistan, you can defend the case through your Power of Attorney (or Personal Representative).

2. Is father always Guardian for Whole life?

Ans: Father is natural guardian of the children, unless the daughter gets married and the son becomes adult. However, the court may also appoint mother or some other person as guardian under peculiar circumstances.

3. If my daughter ask and write to court that they don want to live with father, then what append. ? can court give the guardianship to my ex wife?

Ans: Are you talking about �Custody� or �Guardianship�? Now as your daughter is of 12 years, her statement will have some weight in �Custody� proceedings, and the court may, in such case, award custody to the mother. However, in Guardianship matter, daughter's statement will have less value.

4. How she can get guardianship ?

Ans: She ll file a petition before Family/Civil court and pray for guardianship. There are various grounds on obtaining appropriate order, of course, her lawyer would try to avail all those for her.

5. If I don't appear in court then what append? Can court give any decision in her fervor?

Ans: If you personally can�t appear in the court, you can appoint someone (as Power of Attorney) to represent you in the court. Then you need not to come. Of course, if you will not appear in the court, there are maximum chances that mother will be able to get the guardianship.