Legal Question in Family Law in Pakistan
My wife has left my home without my consent and she is living in her mother's home since last seven months. I have tried to reconcile a lot but all in vein. I want to ask that If I want divorce her on the basis of being disobedient to me,
1. should I have to pay dowry/meher amout? (as I am ready to take her but she is not willing to come untill I give her separate home which I can not afford)
2. There is apparantely no clash between me and my wife but her mother is washing her brain and giving all ill advices to her. My home is being spoiled with this situation. can I file conjugal rights in this case?
3. Can a wife leave husband home without his consent and if she does so, should i give her maintenance or not?
4. I have a baby child of 3 months, I want to give maintanance to baby but my wife is not interested to have even a contact with me. how can i give maintenance to baby in legal way?
4 Answers from Attorneys
if u divorced then she will be entitled to get dower and maintenece from u through court,
u must snd the monthly amount shape of maintence of ur wife and child both by money order and keep recipts with u. even it returns un recived but u keep sending every month.
secnd is to file suit for conjugal rights against ur wife in f\amily court without delay.
if wife leve the husband house without consent and on her own wishes then she is not entitled for any relief but it will prove in court.
so contct me dirctly
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In given circumstances my opinion is that you should file a suit for conjugal rights and custody of minor. Now as per your points:
1. dowry and dower is to be paid whether she left with consent or without consent.
2. yes you can file suit for conjugal rights.
3. if wife is disobedient then she is not entitled for maintenance.
4. file a case for custody of minor and if you don't want that then pay minor's maintenance through money order.
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You have to pay dower amount in case if you decided to give her divorce.
Of course you can file a suit for conjugal right but the decision rest upon your wife whether she wants to come and join you as the Decree of Conjugal rights can not be executed against her will. However, if the judgment in case of conjugal right comes in your favor then it will help you in later litigation should you or your wife decided to go for it.
No the wife cannot leave husband without any cogent reason and in that case she is not entitled for maintenance.
Even if she does not accept the maintenance amount for your baby child even then you keep on sending thruogh money order in order to establish your good and bona fide intention if Allah forbids the matter goes to court.