Legal Question in Family Law in Pakistan

asalam alicome

my wife and i have some problem i don't want to give her divorce and she also doesn't want it, but she wants to move to her mother's house, which i am not feeling good for that, so i told her if you will move you will leave kid here with me, on which she is not agree, she told me that she will get kids from court, now i want to know that

1.can we file case of custody of children with out having divorce

2.if we divorced or don't get divorced how long she can keep my children with her (my daughter is 2.5 years old and son is 2months old), i have read in one of your blog that girl can keep with mother till she married but what if marriage got late, and that case was for divorce woman what about custody of children if there is no divorce.

3.my wife mother told her to bring the jewelery , which jewelery she can carry with her, only hers ? or from my side too.

4.what if boy at the age of seven year says in court that she still want to live with mother

5.as quite possible that court will give her physical custody of children, but can i take legal and joint physical custody of children, by physical custody mean not children will share equal time with me but atleast holidays

in which court we can file case,i would like to mention one thing here that my father in law is also a lawyer and they live in pindi while i live in karachi.

i have no objection of physical custody of children but want joint physical custody, and legal custody, as i want to decide my children future.

thanks

farooq


Asked on 12/24/10, 2:29 pm

1 Answer from Attorneys

The father is natural guardian of children.

In your case it seems that welfare of minors lies with mother. and guardian courts where such petitions are filed always consider the welfare of minor.

before divorce any one can seek the custody from court.

Minors always proffered to live with that person where they spent more time.Preference of minor is consider in the court.

it is suggested to u that not to handover any kind of Jewelry or Dowry articles without a written agreement.

Wife is not entitled to receive HAQ MEHAR given by you if she got divorce from Court. so do not handover that gold ornaments from your side.

I request both of you plz do not try play with the future of your children, they ll not forgive you. It is very painful situation when go in the court for meeting of minors and they wept bitterly as directed by mother or father in front of public. that cause a very bad impact on minors. So Plz involve some respectable to solve this query.

I am always available for you do not hesitate to consultation me any time here

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Answered on 12/24/10, 9:54 pm


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