Legal Question in Family Law in Pakistan
i send u this question erlier but i think i could not convay it properly.My son got marriage on 6th april 09 after five days of marriage the boyfriend of his wife came to our home when they were alone at home he demanded diviorse for his beloved on gunpoint but to save our image we did,t report to police after a day she desareted with her friend from her parent home and start living with him she and her boyfriend also start therting on phone for diviors.on 12 may 09 she filled for khulla case in family court and before appering in court my son diviorsed his wife on 18 may 09.copy of same was shown to court and after that we did,t perssew the court. Now she again not ask for her Jahaze by any means else but file a new case in cort for undue item of jahaze.keep this point in u r mind that she was not intersred to marry with my son therefore her parents give her very ordernery jahaze but now she is blakmailing us by demanding so many items on the name of jahaze .we are not in position to persew these type of fake cases in the court we beer a lot of damage in shape of finance respect and extra with this marriage but we just want to away from these maters .Is there any remady for us in this country .Shafqat Hussain Islamabad
2 Answers from Attorneys
I have gone through your contention and advise you that you are having two ways to takle the situation.
1- You people should go for the arbitration (The wittness of the marriage and respectable members of the locality will have to be among you) with her family and have a mutual agreement of this problem.{ It was desireable, if your son was divorced her with an agreement that she will not claim any thing, But you can never avail this option now.}
2- Persue your case otherwise the decision would be ex-partee( without hearing your contention the court will decide the matter) which should be definately a hurting situation for you. { to defend the case you should have strong evidences and the statment of wittnesses of marriage will definately carring a weight}.
Regards.
dear
u shoul contest the case otherwise ur non appearnce will justify her case.
because in ur non appearnce all the proceedings shall be done in ex parte and defenatly a suit will decreed in favour of lady.
the burden of prove are always on lady to prove her articals of Dowery.
in absence of such evidance his acse shall be decided on a few general points.
1. how many sisters they are ?
2. what kind of daowery has been given to that other married sisters of the said lady,
3. it shall also be taken into consideration that what is the financial position of her parents etc.
in absence of these evidance the court shall also consider the malafide intention of that lady by prsuming that that she was not at all intersted in marraige but the said alleged marraige was planned , pre madicated to black mail the her in laws.
in acse of succed in ur behalf u can file a suit for causing menatal toture , disgrasment, un due humailation, financial losses.
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