Legal Question in Family Law in Pakistan

i am currently married to my husband and expecting a female child ....i have however made up my mind for khula due to many reasons....now the problem is my father is planning to hand my daughter over to my husband although she isnt even born yet..i know my husband would have been okay with me keeping the daughter in case of khula but my father wants me to abandon my daughter for the first three or four yrs.....the reason being my education...my father is exremely insistent over the fact that i should get a good professional degree and secure myself a good independent career and then he wont have any objection to my keeping the baby...i want to ask if its possible to claim the childs custody back once i abandon it..i mean i cant even imagine abandoning my first child ever...she isnt even born yet...but my father convinces me by saying i'll get her back once iam independent career wise...do you think he has any ground in his statement?will the court consider that the mother has a very hard time living away from her first child ever?


Asked on 9/15/09, 8:13 am

1 Answer from Attorneys

Nasir Mahmood Bhatti Prudent Legal Professionals.

I have gone through your question and advice you not to abandon your child ( If you are interested to have Khula or being divorced).the reason why i advise you that the child needs his/her mother at very early stage (first 6,7 years, the years in which you are interested to take up your studies and have a good profession) but unfortunately your father forced you to abandon your baby. Court always consider the walfare of the child and award the custody accordingly.your baby need you at early stage of her age but you are interested to take her back when she will be in lesser need of you.Court will definately not give you back your baby after intentionelly abandon it once BUT THERE IS ONLY ONE WAY IF YOUR HUSBIND WILL BE AGREE AT THAT TIME OR IN COURT WHILE THE CUSTODY OF THE BABY IS IN ISSUE THAT YOU BOTH THE PARTISE AGREED TO WHAT ARE YOU SEEKING FOR (THAT HE WILL AWARD YOU THE CUSTODY OF THE CHILD BACK AFTER 3,4 YEARS.

Regards.

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Answered on 9/16/09, 1:09 am


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