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divorce - Lawyers of Pakistan

Question

divorce

My sister is divorce by husband and she have four children and children are reading in private school 7th class 3rd class nursery and last one is starting school in 2019 explain what we can get from family court for children and my sister

  • 09 Aug, 2018
  • sajid
  • Family Laws

Recent Answers

3
  • By: Mian Shahbaz Ali on 09 Aug, 2018

    Application under guardian and ward act for custody and maintenance of wards And Suit for recovery of dowry articles

  • By: Haroon khan on 10 Aug, 2018

    Maintenance allowance for all the children.

  • By: Sardar Farrukh Mushtaq on 10 Aug, 2018

    we hereby confirm your query and from our understanding , you were asking " if a person divorced and is having children and these children are school going, what kind of action can be file before family court in the regard of the children?" The Query comprises of following issues are; 1. The Guardian ship issue; 2. The maintenance issue; 3. The Dower Amount issue; 4. The dowry articals ( Saman Jhaeez) issue. following is the step by step answers of you query. Guardianship issue: The Law in Pakistan is very active and effective in the matters of custody of minor and their welfare. The single parent can be a guardian by filing a petition for the custody and can be appointed as guardian either in permanent or interim capacity. This petition regulates the transfer of the custody of minor/ward time to time on the basis of the following factors are; i). Age of Minor. ii). Gender of Minor iii). Financial Status of the Prospective Guardians. iv). will of the minor. v). Religion of Minor. The maintenance issue; This is an important right of minor as well as of divorced one to obtain their maintenance (expenses) deferred by defendant and this an also be obtained by the filing a suit and here is the dichotomy of the maintenance which can be recovered; 1. Maintenance of Children/ wards; 2. Maintenance of divorced. both can be obtain by the way of the filing of a suit in family court. 3. The Dower Amount issue: The amount of the dower is consist of two transactions; a. prompt dower ( Meher e Muajal/ the amount which is given to the bride at the support) b. deferred dower (Meher ghayr Muajjal / the amount which is unpaid ) These two are the right of the bride and she can recover it by the virtue of family laws of pakistan. Note: It is necessary to mention that female is not entitled to get if she took khula by the means of Court. 4. The dowry articals ( Saman Jhaeez) issue: The dowry articals are consider in the ownership of the bride. The wife can recover these by filing the suit and presenting the prove of the chattels given to her by her parents. we hereby confirm the above said opinion according to provided facts. This opinion can be upheld if the relevant facts and documents are provided for the opinion. If you have any queries, or should you require any further legal assistance, please do not hesitate to contact us. Striving for an even more congenial relationship with you. Regards, Sardar Farrukh Mushtaq Naeem And Company. since 1920.

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