Divorce Lawyer in Karachi East District

Islamic Family Laws

Although legislative intervention into Muslim personal laws has periodically surfaced since independence, they have generally been deflected by political considerations. For example, AIMPLB’s successful campaign against an Adoption Bill proposed in the 1970s prevented legislation which would have extended civil law provisions to all communities (Rahmani 1974).

The BMMA’s draft Act presents a more systematic argument for codifying and reforming Muslim family laws. It draws from various sources, such as personal status codes in Muslim nations, modernist interpretations of Shariah from feminist perspectives, Indian constitutional rights discourse, and transnational women’s rights advocacy.

It argues that Shariah-based family law fosters an insidious form of state patriarchy, suggesting male family members should provide support to unmarried and divorced female relatives as well as their children, with male family members expected to support unmarried and divorced female relatives, their unborn offspring and any children (which is far less paternalistic than personal status codes in many Muslim-majority countries which uphold men’s legal privilege over wives and daughters; Sonbol 2003; Elliott 2015). Furthermore, the draft Act seeks to bring religious transactions under stricter judicial oversight by mandating Muslim communities register marriages (nikah wedding) and non-judicial Islamic divorces with civil authorities (i.e. record).

Child Custody

Child custody is an essential aspect of every divorce in Pakistan, with mother usually being granted sole custody but this doesn’t always happen as the court takes into consideration what’s best for the child before making its decision on each individual case.

Pakistani custody law can be complicated and discretion is given to courts on this issue. Judges rely on case law and Islamic principles when making their ruling, while taking into account Isma’ili Shi’a fathers who cannot be denied custody as an important factor.

Feroze Khan has approached a family court in an effort to gain permanent custody of his children with former partner Alizey Sultan. He produced them both and asked their permission for weekly visits until his case is decided – although their mother has denied him access which constitutes an violation of his rights.

Divorce and Separation Laws

Marriages may end for many reasons, such as infidelity or irreconcilable differences, with cultural considerations of divorce influencing its effects and outcome. While opinions regarding legal separation in Pakistani can differ considerably from other cultures, there are ways in which either man or woman seeking legal separation can protect their rights and ensure the best possible results from legal separation proceedings.

Contrary to divorce, judicial separation does not require couples to prove that their marriage has irretrievably broken down; however, certain requirements must be fulfilled in order to obtain one such as adultery, unreasonable behavior and desertion for two years or longer among other things.

Before ordering a judicial separation, the court will attempt to reconcile both parties involved. If that proves unsuccessful, however, they will order that the husband pay compensation to his wife that equals three years’ maintenance in one lump sum or monthly instalments; this amount can also be added on top of any maintenance payments due during any periods of iddat.

Mediation

Mediation allows both parties involved in your dispute to meet face-to-face and discuss it, with an impartial third person (known as a mediator ) present, with the aim of reaching flexible solutions tailored specifically to each person.

Mediation can provide invaluable insight into why your conflict developed in the first place. Mediation sessions allow for you to talk directly to both the mediator and any legal representatives (if any). You may also discuss matters privately with him/her in what’s known as caucus meetings – without fear that anything said during these discussions would be made public without prior consent from yourself and/or them.

Before mediation begins, a written confidential mediation statement detailing both parties’ perspectives must be submitted to the mediator. You should do everything possible to be prepared for mediation sessions on time – doing this will save time, money and stress! Typically mediation sessions last about half a day but should an agreement not be reached through this method, court action or arbitration may need to take place instead.