Legal Question in Family Law in Pakistan
My sister is married for last 8 years. she also has 6 year old son which is very much attached to mother. Problem is her husband mentally torture and abuse her almost everyday also he has asked her to leave the house many many times. and when she come back to our home then gain her family very nicely bring us back but not even a week is past and same things happen. he talks baseless allegations which are ridiculous. To tell u truth he is psycho person, at one time he is all nice and good and other time all psycho and maniac may be its not disease in realy but he acts like this. he is totally Unpredictable but mental torture and abuse is his constant game. Please advice about it and also about child custody and how can she get khula. so he can never contact her again. Waiting for your reply
Thanks
5 Answers from Attorneys
One thing to remember is that, it is the best solution if they are kept in matrimonial bond because the same is appreciated and liked by the rulings of Shariah but if you think that this can hurt any of them, then you (your sister) may go to court for the dissolution of marriage on the basis of Khula. She has to give back the Dower and other valuable gifts if her husband demand for that. Then she can file a case for the custody of minor (her son).
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She can get Kula at any time ,. She will be given Khula within no time if she ask for that. If the child in under her custody then her husband can't take him away from her. Maintenance expenditure will have to be borne by her husband. And one more thing, she can hold/obtain Dower, Dowry Articles along with bridal gift . Husband has no right to get it back.
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I fully agree with the advice of Mr. Adnan Bashir.
I would suggest that you take your sister and her child home and file a Suit for maintenance for the wife and child both. That way that man will be liable to pay monthly maintenance on the order of court. Both his wife and children will be away and if he disturbs in between then you can inform that to the court.. With some patience this relationship might work.. People change and behaviours change with the passage of time.. Khula is premature at the moment.. You can also file a suit for custody of child. For more do consult me at [email protected]
Regards,
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