Courts for Custody and Child Maintenance Eligibility:
If you need any assistance regarding the court issue of custody of children in Pakistan or child maintenance eligibility you may contact Jamila Law Associates. A minor child needs maintenance. They cannot be made to suffer because of disputes between her parents to which they have not contributed at all for custody of children in Pakistan or child maintenance eligibility.
Maintenance:
To deprive her of maintenance at a time when her need is pressing and genuine tantamount to punishing her for no fault of hers is a crime. After all, a person who fathered a child cannot forget his responsibility as a father to provide maintenance when he cannot maintain himself. The duty, both moral and legal, to provide maintenance squarely falls on the shoulders of a father. For acts and neglects of parents, children should not be made to suffer. Suppose the petitioner, father, I.S. are dissatisfied with the present custody of children in Pakistan or child maintenance eligibility.
Competent Court:
In that case, nothing debars him to approach the Competent Court to settle the controversy, but, meanwhile, the fate of the minor child cannot be left in the lurch. Merely because the husband had filed custody proceedings before Guardian Judge is not grounds to refuse maintenance to minor. Placing of suing was in question. Plaintiff can file a Suit both at her permanent as well as a temporary residence. The temporary residence of the minor would be deemed to be the permanent residence of their mother. The sole test on a residence is whether a party has animus memento or an intention to say for an indefinite period at one place.
Custody of Children in Pakistan:
Regarding the custody of children in Pakistan or child maintenance eligibility if he had such intention, then alone he can be said to reside there for Section 9.” knowledge of a relative cannot be deemed to be noticed to the party particularly when that party was residing in a foreign country Person residing outside has to be served through Consular office of Pakistan for the country where such person is residing. District Officer Revenue under rule 6(a) of Rules under Muslim Family Laws Ordinance, 1961 can only change Chairman of Arbitration Council nominating some other member of the same Union Council to be Chairman of Arbitration Council for that particular case of custody of children in Pakistan or child maintenance eligibility.
District Officer:
District Officer Revenue has no jurisdiction to transfer application under 9 of this Act from one Union Council to another Union Council decision given by Union Council other than where the wife resides. Without lawful authority, there is no jurisdiction in the matter.
Chairman Arbitration Council:
Chairman Arbitration Council has no power to review. The only remedy of revision is provided under S. 9(2) of the Muslim Family Laws Ordinance, 1961. Where the Chairman of Arbitration Council passed an illegal and undated order of custody of children in Pakistan or child maintenance eligibility review behind the petitioner’s back without providing her with an opportunity of hearing, the same was a nullity in the eye of law.
