Legal Question in Family Law in Pakistan
I intend giving divorce to my wife. We have been married for the past 13 years and in all these years i tried to settle little family disputes through conversation, but now things are going out of hand. I have a 12 years old daughter, a 9 years old son and a 2 years old daughter. How do i proceed in Pakistan. I am well off and can easily take care of my three kids and their education. My monthly salary is 1,00,000 Pakistani Rupees which is quite a handsome salary so affording kids will not be an issue. So how to proceed with the divorce please tell me in detail. I need an urgent response. thanks.
3 Answers from Attorneys
you have not mentioned where is your wife right now, any way you can divorce your wife and for that you have to adopt the procedure laid down under muslim family laws ordinance 1961. under muslim sharia law/ guardian and ward act/ muslim family laws ordinance: the father is entitled the custody of his sons of ages minimum 7 years or older and daughters who has attain the age of puberty.Below the said ages children are under the rights of mother.(welfare of the minors is also contributory factor while deciding these matters.) if you need help to initiate the procedure of divorce you can contact for the same.
you may divorce her, but keep this thing into your mind that except the boy who is 9 years old, yout wife is in more favourable position to get the custody of her childerns. Take into consideration the other terms of Nikah Nama (if any), as well. and if you both are agree for the seperation you may make a "Mubarat Deed", putting the conditions according to your consent.
a husband is empower to divorce her wife any time, husband also bound to clear all dues of dower if anything unpaid at the time of divorce.
so far as children are concern wife is entitled the son till age of 7, daughter till age of puberty but if the matter referred to court , welfare of the child will be prefer, if it goes to father then father is enttled to retain all children.
if u want mutulay sepration so its upon u to decide the all issues alongwith childern.