Legal Question in Family Law in Pakistan
Dear lawyers,
My question is about civil rights and child custody, however, I want to provide a little backgroud of my question.
I and my wife have been living together for the past five years. We have two children (both are under the age of 4 years).
My wife is still under influence of my in-laws. She does all of the things which they ask her to do, and ignore me completely. For example, if I ask her not to go to another city alone, she goes as her parents tell her to do so. I have no say whatsoever in her any of the actions.
My in-laws obtain money from time to time from my wife (I am a well off person and provide a handsome maintenabnce amount to my wife every month). She spends money on my in-laws.
Now the problem is that, she never accepted the fact that her parents drive her to do the activities which I dislike. She always say that her parents are very egoistic and never obtained a penny from her. She kept on saying during all the years of my marriage that they always pray for my health and career.
To prove her wrong, I started recrording her conversations secretly on skype. I knew that this was unethical and took a lot of time for me to decide on it. However, after hearing the conversations between her and her parents, I was literally shocked. In all of my past months recordings, all of them (including my wife) were swearing, bad mouthing, and planning how to obtain more money from me (by the way, I forgot to tell you that they kept asking money from me time to time as well, and I kept giving them the required amounts as well which is not close to a million Pakistani Rupees). Fortunately, these facts have also been recorded during the conversations when they planned for a new drama to squeeze more from me.
I am from a family where swearing is considered a very prohibited act. However, I have heard the type of bad words about me which I cannot imagine in my dreams. I am shattered, how could they swear on a person who helped him in all these years?
In the conversations, they talk about my children that they will turn my children against me, they plan it and then they execute it. For example, I heard them asking my child to swear on me when I return from office and he exactly did what they taught him.
All these recordings are saved with me. I want better upbringing of my children which can only be possible if they don't meet these people. For that, I am ready to initiate divorce process and take any step to the welfare of my children.
My question, has my act of secretly recording skype conversations (which were carried out through my personal laptop), anything to do with civil rights of my wife and my in-laws? Also, can I present this evidence in court of law? I am currently residing in UAE but am a Pakistani national and will follow my suit in Pakistan. The only reason of my presenting this evidence is to show to the court that the welfare of my children is not possible if they live with my wife and in-laws after divorce.
May thanks in advance for your taking time out to read my problem.
2 Answers from Attorneys
there is reasonable apprehension that you may be given custody of kids provided that if you can prove, beyond any shadow of doubt, the welfare of kids are in your custody. Divorce is not suitable option at this stage. Please contact over the phone to guide you further.
1- after going through the whole story, one thing is clear that your in-laws are eminent threat causing behavioural attitude of your children towards you in future...but not your wife... her attitude could be repaired by separating her from your in-laws, in that case you have legal and Sharia right to restraint her meeting, visiting her parents... and compel her to live with your family member...
2- on the other hand , if you feel it hard to control her, then you may go initiate divorce proceeding.
Now two issue, you would be facing in second option.
(i) custodial right of your children ... till 7 years of their age it is usually unfavourable for a father to get custodial right except in few cases....
(ii) right of maintenance of your wife and children..... in case of wife your wife will be provided maintenance during Iddat Period ... Not in all casesw---......As far as your children's maintenance right is concerned , you will have to provide them the maintenace as long as they will stay with her mother....
why don't you compel her to live with you in Dubai? that seems more appropriate to me ...
for more, contact me # 0333-549-2377
or email me at [email protected]
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