Legal Question in Family Law in Pakistan

i have two sons aged 9 and 4. i got married 10yrs ago to a,seemingly, decent person,who told my father that her was previously married & had a daughter who was with his wife. he belonged to a very respectable family & his proposal was accepted. later we found out that he also had a son. he was from a fuedal family & thus were well-to-do,even without a job,although her was a corporate lawyer having done his LLM from glasgow,but he never gave any pocket money to me for myself. he beat me up, his younger brother lived with us & even tried to snatch away my older son from me when he was just a few months old. & then took away his passport from me..i came back to live with my parents. they apologized & i went back. my husband never took a stand for me for any reason & lied to me about everything..even his recent job.(kept telling me he was jobless when in reality he is the senior legal consultant with the privatisation commission of pakistan. he kept me in the village and lived in islamabad himself. i have come back to my mother(my father passed away in 2007). and now since july 2009, my husband has never contacted us-even his children. he has NEVER supported me financially-i have always worked and supported myself & my children even when i lived with him and now my mother, brother and sister suport my kids along with my job. people tell me to take a khula,but i'm scared. even though i know that he cannot take my children away from me-i have all the proofs of all his misdeeds to me, plus his previous 2 wives buti still need legal advice. PLEASE help me.


Asked on 4/14/12, 3:27 am

5 Answers from Attorneys
Adnan Bashir A B Choudry Law Firm

rullings of courts are very clear that custodial right over chldren till their attaining 7 years of age rests with their mother . .. afterwards (after 7 years) right could be re-determined observing thre facts.

(i) mother's previous conduct and overall conduct of children'e maternal relative

(ii) Children;s own inclination, if they record their statement in your favour before the court.

(iii) the fact of re-marrying mother after divorce ..

so i think the issue of custody could go in your favour in the light of up-given factors.

as far as maintenance of your children is concerned , father is bound to pay past maintenance as debt and future maintenance as a liability...

.....the fact of his being lawyer never allow him escape from her legal liabilities...

after analyzing all the above-facts if your are satisfied and ready to stand up for your rights , you have a right to have further say !

for more email me at [email protected]

or

0333-5492377

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Answered on 4/14/12, 5:20 am

Your case is very strong, as per ur povided information, above said advice is very good for your. but it is always you to take the final decision.

for more info u r always welcome @ [email protected]

or visit my web www.paklawyer.com

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Answered on 4/14/12, 10:31 pm
Shoukat Ali Sajidi Prudent Legal Professionals

Despite filing khula, you may file case for maintenance along with complaint for secretly marring with other for which he may be punished and fined by court.

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Answered on 4/14/12, 11:31 pm
Salman Khan International Lawyer

You should file suit for maintenance against your husband.. That way you will start getting money from him for yourself as well as for children without taking khula...For more do consult me at [email protected]

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Answered on 4/15/12, 8:49 am


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