Legal Question in Family Law in Pakistan
I have filed for khula (divorce) from my husband of 4 years on 3rd July 2009. The case is still in court. He proceeded to make a case of Guardian and Ward act alongwith Conjugal Rights case against me. I would like to know what rights do I have over custody of my 2 and a half year old son. I would like to have custody of my child.
Another issue is that the judge hearing my case was suspended a few weeks ago, now wha will happen? Who will take decision and how long will it take for decion to be taken. My husband keeps insisting on reconciliation, but I am unwilling to go back to him at all. Please tell me how to proceed.
2 Answers from Attorneys
regarding your first question ,mother has the right of hazanat over her children, simply speaking you can have the custody of your son till the boy's age 7 years, after that lot of other factors are become involved to retain or lose the custody.
the guardian court will fix two or so days of meeting of the boy with the father meanwhile, father is responsible for the maintenance of the child .
regarding your second question, you dont have to worry about the suspension of the judge, or their transfers.your case will be heard and decided in due course.whether you reconcile with your husband or not, it will be purely your decision.Dont worry too much.
feel free to ask any further question u may contact for assistance.
As for the custody of your 2.5 yers old son is concern you have the superior right.
Don't wory about the transfer of the judge, court is there and the successor will decide ur case. Your husband can get nothing out of the " Restitution of Conjugal Rights" Case as for u don't agree with.
Due to summer holidays it took longer, other wise this kind of case takes hardly 3 months
S.A. KANJAN Advocate
Islamabad.
+923335264838
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