Family

Family Court for Custody & Child Maintenance Law in Pakistan

Court for Custody & Child Maintenance Law in Pakistan:

If you wish to approach the court for child custody in Pakistan or child maintenance law in Pakistan you may contact Jamila Law Associates. Moreover, the Chairman, Arbitration Council cannot award maintenance for seven years or proceed to execute the order after the lapse of six and half years when it has become barred by time for child custody in Pakistan or child maintenance law in Pakistan.

Arbitration Council:

Arbitration Council has no jurisdiction, power, or authority to grant maintenance for more than three years. The Wife filed suit for maintenance for herself and minor children against her husband prior in time before the Judge Family Court, a petition under S. 9(2), Muslim Family Laws Ordinance, 1961 before the Chairman of Arbitration Council is not competent. Chairman, Arbitration Council, is required to observe the procedure as Jurisdiction of High Court. Under Islamic, Law a father is obliged to maintain his son until he had attained the age of puberty.

Family Court:

Family Court for child custody in Pakistan or child maintenance law in Pakistan vested with exclusive jurisdiction to decide such matters, granted Rs. 300/- maintenance to each child, which amounts reduced to Rs. 200/- by High Court. However, it can strike down an order passed by Family Court as without lawful authority. High Court directing the father to deposit a certain amount within ten days, father failing to do so held, father did not approach the High Court with clean hands, High Court declined to exercise discretion in his favor.

Child Custody In Pakistan:

The High Court, in a Constitutional petition for child custody in Pakistan or child maintenance law in Pakistan, while dealing with the factual aspects, shall not sit as Appellate Court. At the most, it can take the errors and mistakes in the assessment and scrutiny of evidence note of, and if the impugned order. The same could be set aside, leaving it again to the Trial Court. Where the order of the Court suffers from technical error, same is to be rectified by the said Court itself.” Where the question of fact has satisfactorily been discussed and appraised, High Court should decline to interfere with the findings of the Family Court for child custody in Pakistan or child maintenance law in Pakistan.

Despite Decree:

 The Wife who lived separately and had not performed marital obligations despite decree for restitution of conjugal rights favors husband is liable to be dismissed.  Last resided” The words “last resided” have a nexus with the territorial jurisdiction of the Union Council and means residents in Pakistan and not in a foreign country. Marriage conducted in the District of Attock, the parties native of the same city before leaving for the U.S.A. 

Fact:

Which fact discernible from nikahnama, meaning thereby that the petitioner has his ancestral home in District Attock, he off and on visits his native place and has not served his connection with it for child custody in Pakistan or child maintenance law in Pakistan. Union Council is also sending a letter to the same address. U.S.a. being not country notified by the Federal government for retention of dual citizenship or nationality, the Court declined to whole that he was a permanent resident of U.S.A. 31.

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