Legal Question in Family Law in Pakistan
Hi,
My question is regarding the custody of my daughter in case my wife files for divorce. I know in normal process i can't take custody until the age of puberty which i think is 13/14 years for girls.
But if i can prove the allegation in divorce case against me wrong, can i take custody in that case, or in what circumstances i can take custody of my daughter immediately.
I haven't received a notice yet, is it my right to visit my daughter, my wife before i get a notice..... her mother is not letting me talk to my wife, whenever i calls on my wife's mobile always her mother attends phone.
I didn't want divorce for the sake of my daughter. even my wife can't have financial support to raise the child.
2 Answers from Attorneys
dear brther, if ur wife files the divorce petition, she requred to prove the allegations, or if she desires Khula she need not to prove any thing but in this way she waive her all rights of maintenence, dower and if she recved already then she bound to return.
so far as the daughter is concern u can file cusdy petition alongwith the monthly or weekly visitation even before the divrce petition.
as well as for the custody of child boy or girl, welfare of child is preferd always, if u feel u have good sources then ur wife after divrce of seperation u will alowd custody by the court there are number of cases in whic the father of daughter even before the age of majorty entitled for custody.
i suggest you move the guardian court right away, so that you can get the regular visitation time table rest of your case will be resolved in its due time.
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