Legal Question in Family Law in Pakistan
My mother-in-law is interfering in our personal lives too much. My wife abused me & my parents. Now she has taken my wife by force to her home last month while I was in office & she left home without informing me. Now My wife is living with her mother's home without my consent. How can I get my wife back because her mother is not ready to send her back without any justified reason (She is demanding a seperate house for my wife that I cannot afford. She is given separate room.) I am only son of my parents & i don't want to leave my parents at any cost. Also my daugther (7 months old) is also in her custody.
Please tell me whether such demands are legal? Can I file a case of conjugal rights? I got married in Oct 2010. How can i get my daughter back? She & her mother are liar. We help me out. Jazakallah Khair
2 Answers from Attorneys
First of all and without wasting any time send maintenance of your daughter. Secondly send her a notice that she had left your house without your consent. Law and Shria does not give right to a woman to leave the house of her husband without his permission except in cases where she apprehends her life or liberty. Make sure your notice should be properly drafted with all decency and in the said notice you can also demand that you want to see the minor. Yes you can file a suit for congujal rights.
In case if she refuse to accept the maintenance the most prefereeable method is Money Order in her name then you can file a Application Under Section 25 and 12 of G&W Act before the guardian judge who will allow you to meet the minor.
Irfan
You can also file a writ of Habeas Corpus in Session court to try your luck out. For more consult me at [email protected]
Regards,