Legal Question in Family Law in Pakistan

AOA,

I got married about 2 years ago. I have 1 year old daughter. I got divorce given by my husband 2 times. I am living with my parents from 1.5 year. During all this time my husband never spent any money on my daughter. Its been 6th months that I got second divorce. During this time, he came 3 times to meet my daughter but we never met. Did I get divorced? If not how can I proceed further to get final divorce?

If I got married in abroad, will he has the right to keep daughter though he never spent anything since her birth? How her step father be able to adopt her? What will be written in father's name of my daughter's paper?


Asked on 3/23/12, 6:14 am

5 Answers from Attorneys

Owais Ahmad Qadri United Law Associates

u can go further to file divorce suit, as u got the right,

if he got married with other wife then u got the right to take thy daughter.

[email protected].

03005823132

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Answered on 3/23/12, 6:47 am
Adnan Bashir A B Choudry Law Firm

Your Divorce is perfect and completed, No need to file a separate suit for divorce. you are divorcee now. you can merry with any one at your liberty.. though you can get maintenance for your daughter from court . you can not change the parentage of the child, Adoption has no face in Pakistani law. do not get trapped in any kind of adopting process.

for more.. [email protected]

0333-5492377

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Answered on 3/23/12, 8:03 am

your divorce is completed from your husband side. Now u should deposit the above said talaq notice at ur concern Union council to get the Divorce certificate.

you can claim maintenance for your child.

you can file a suit for recovery of your dowry articles and Haq Mehar etc .

you should file a petition before guardian Judge for the guardianship of your daughter , it ll help you in future, it ll also help full as get married or move to abroad,

for more info do consult me at [email protected] or visit

www.paklawyer.com

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Answered on 3/23/12, 11:33 am
Salman Khan International Lawyer

You got sharai divorce and legal divorce is still a requirement for you... For that you should approach arbitration council..

Legally speaking you are still his wife and you can claim your maintenance as well as the maintenance of daughter including the previous as well as future maintenance. He is liable to maintain your daughter till she gets married. You are eligible to keep the daughter with yourself till she turns 18. However if you marry another man then that will end up your eligibility to the custody of daughter. For more do consult me at [email protected]

Regards,

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Answered on 3/26/12, 4:18 am

according to islamic law ur divorce is absolute now to give it legal effect according to Muslim Family Law Ordinance 1961 section 7 u have to proceed with concerned reconciliation council for getting certificate in this regard.

Secondly till geting certificate of sepration from reconciliation council u can claim maintinance from your ex-husband for u and ur daughter, maintinace of ur daughter will continue till her marriage and ur till issuance of certificate by concerned reconciliation council

in present circumstances u r entitled for geting custody of ur daugher furthr it will depend upon proof before court that what is best for minor to remain in custody of ur or ur ex-husband

[email protected]

0333-5501530

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Answered on 3/28/13, 8:25 am


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