Legal Question in Family Law in Pakistan
Hi Everyone !
I tried to work out my marriage for about 7 years but in vain. I have got 2 kids paying there maintenance.My wife is living with her parents from last two years...despite of my several warnings and even her promises in writing that she will not repeat the same mistakes which were effecting our married life seriously. So much so she mentioned in her statement on a stamp paper in presence of two witnesses that she will not repeat the mistakes again if she does, she will consider herself divorcee and will become effective after non compliance. She repeated doing the same and even t worst day by day.
Just wanted to know what is the legal standing of that document, I am a known heart patient with twice angioplasty and stents, cannot stand with this situation anymore and wanted to get rid of her.Does divorce is effective due to her statement and what will happen with the kids custody...what shall I do now?
2 Answers from Attorneys
No talaq in circumstances...you can seek assistance of court to compel her back.
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As per shariah rulings if Talaq is connected with some condition and after fulfillment of that condition Talaq would be effective like in your case you mentioned that she repeated the same mistake with which the Talaq was conditionalized, So in that way Talaq has become effective, provided there are certain requirements. And as far as the custody matter is concerned you need the assistance of the court.
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