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Mumtaz & Associates

Mumtaz & Associates

Clifton, Pakistan

Founded in 1971
50 people in their team
Mumtaz & Associates is a Top Law firm of Pakistan, having its head office at Karachi and branch office in Lahore. Our firm have excelled in the...
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Pakistan Family Legal Questions answered by Lawyers

Browse our 9 legal questions about Family in Pakistan and the lawyer answers, or ask your own questions for free.

How much does it cost for a Khulla case?
Divorce & Separation
Marriage
Family
If Khulla is applied alone without maintenance and dowry recovery then i takes around 90 working days and it costs around 50,000 with court expenses etc
Can i give invitation letter to my indian boyfriend As a Pakistani citizians??
Family
Immigration
yes you have sent an invitation letter for their visa. for preparation of invitation letter. you have to get those documents prepared form an advocate. further you can contact us or visit our profile
Is there any solution to get 2nd marriage without 1st wife's permission ?
Marriage
Family
You must apply to the relevant union council For Further help you may visit our profile.

About Family Law in Clifton, Pakistan

Family Law in Clifton, a bustling area within the city of Karachi, Sindh, Pakistan, deals with a range of domestic matters including marriage, divorce, child custody, maintenance, inheritance, and guardianship. It is largely based on Islamic law (Sharia) as well as the statutory law crafted by the Parliament of Pakistan. The Family Courts in Clifton operate under the Family Courts Act, 1964, which allows for the resolution of family disputes within a legal framework. The court's aim is to settle these disputes in an expeditious and efficient manner.

Why You May Need a Lawyer

Legal representation in family matters is crucial due to the complexity of both civil and religious laws governing family issues. Common situations where legal expertise is sought include: filing for divorce or khula (a woman's right to divorce), understanding one's rights and responsibilities in marriage, navigating child custody and visitation rights, securing alimony or maintenance, properties and assets distribution in case of separation, and issues involving domestic violence. An experienced lawyer can provide invaluable assistance in understanding legal rights, preparing documentation, representing individuals in court, and ensuring fair settlements.

Local Laws Overview

Regarding Family Law, some key aspects of local laws to be aware of include:

  • The Muslim Family Laws Ordinance, 1961: This ordinance codifies certain aspects of Islamic family law, such as polygamy, talaq (divorce pronounced by the husband), and maintenance.
  • The Family Courts Act, 1964: Governs the jurisdiction and functions of Family Courts in Clifton and across Pakistan.
  • The Child Marriage Restraint Act, 1929: This act details the legal age for marriage and penalties for the violation of these age restrictions.
  • The Guardians and Wards Act, 1890: Regulates the legal guardianship of children and is often referenced in custody disputes.
Moreover, Clifton being a developed urban area, local courts and lawyers are well-versed in the application of these laws in a modern context.

Frequently Asked Questions

1. What is the legal age for marriage in Clifton, Pakistan?

The legal age for marriage in Pakistan is 18 for males and 16 for females. However, there have been movements to increase the legal age for females to 18, in line with international human rights standards.

2. Can a woman file for divorce on her own?

Yes, a woman can initiate a divorce proceeding either through khula from a Family Court or seek a divorce for various reasons like cruelty, desertion, etc., as per Pakistani law.

3. What are the child custody laws in Clifton?

Child custody decisions are made with the welfare of the child as the foremost concern, generally favoring the mother for younger children. Custody rights can change with changing circumstances and the child's age.

4. How is property divided after a divorce?

Property acquired during the marriage is often considered joint property and hence is subject to equitable distribution. Personal property owned before marriage usually remains with the individual.

5. What is meant by "maintenance" in Family Law?

Maintenance includes financial support for the wife and children, including shelter, food, education, and health care. It's legally enforceable in Pakistan.

6. Is mediation available or required in family disputes?

Yes, mediation is available and sometimes required before the court proceedings as a means to resolve disputes amicably.

7. How long does a family law case take in Clifton courts?

The duration varies depending on the complexity of the case, court backlog, and cooperation of the parties involved. It can range from a few months to several years.

8. Can a non-Muslim seek family legal help in Clifton?

Yes, non-Muslims can seek legal advice and have their cases heard. Family law provisions for non-Muslims may differ and they are generally catered to under their personal laws and the civil laws of Pakistan.

9. Are family court records public in Pakistan?

No, family court proceedings and records are generally kept confidential to protect the privacy of the individuals involved.

10. How can one challenge the decision of a Family Court?

Decisions by the Family Court can be appealed in the High Court. It is advisable to do so with the help of a lawyer familiar with family law appellate practice.

Additional Resources

Those seeking legal advice in family matters could consider the following resources:

  • The Sindh High Court - for appeals and legal references.
  • The Karachi Bar Association - for finding qualified lawyers to represent family law cases.
  • Local NGO's - offering legal aid and support to those who cannot afford private legal counsel.
  • National Legal Aid Services Organization - a governmental organization providing legal aid for deserving individuals.

Next Steps

If you require legal assistance in family matters, your first step should be to consult with a reputable family lawyer who can guide you through the process based on the specifics of your case. It's important to gather all relevant documents and evidence that could support your case. Also, considering reaching out to local legal aid organizations if you seek counsel but have financial constraints. Securing the right legal representation can greatly impact the outcome of your family law matter.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.