Legal Question in Family Law in Pakistan

My wife want KHULA. I have 4 kids ages 17, 12, 10 & 5. After KHULA request from my wife I have left home and residing with a friend because house is in the name of wife. After KHULA what will be the court decision regarding my 4 Kids. Recently I can not attached my kids due to residence at my friends house. What is the law about custody of my kids? Second what is my responsibilities/damages after KHULA according to Family laws?

I hope you will reply me so that I have mentally prepared.

Regards.


Asked on 9/21/10, 11:14 pm

2 Answers from Attorneys

as you have said you have left your house and living with your fried , wat about your job? how much you can eran in a month because for minor chilren you need to prove the welfare of your children to the court , thirdly you need to pay the amount for maintenence till the adultry of your children, in case of khulla mostly you dont neeed to pay the dower, i guess you should reconcile with your wife what ever the problems ,even the court will provide rhe provision of reconciliation ,for the sake of your children.

for any further assistance please feel free to ask

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Answered on 9/21/10, 11:25 pm
Salman Khan International Lawyer

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. Also if the wife married another man after getting Khula then her entitlement to the custody of children is questionable. For more you can consult me free at [email protected]

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Answered on 9/22/10, 12:08 pm


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