21/04/2024
We understand that you're looking for detailed information on the Muslim Family Laws of Pakistan, particularly concerning the custody of minors, their production in court, the appointment of guardians, and visitation rights. Here's a comprehensive breakdown of the relevant provisions:
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- Under the , allows a to .
- The court primarily considers the welfare of the minor, which includes the minor's age, s*x, religion, and the character and capacity of the guardian⁶.
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- The court may require the minor to be produced at any point to ascertain the minor's welfare⁶.
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- As per of the , the can a for a or .
- The appointment process involves filing a petition in the Family Court within the jurisdiction where the minor resides¹⁵.
and ;
- The law does not explicitly list disqualifications, but the court will consider any factor that may negatively affect the welfare of the minor¹.
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- have the right to , which can be by the if it is in the .
- Visitation rights are not explicitly mentioned in the , but they have been by Pakistani courts.
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1. : The person seeking custody must file a petition in the Family Court through Adv Hasan Raza Khan Adv Yasmeen Yasin Sandhu where the minor resides.
2. : The court after accepting petition for regular hearing will set a date for the and order Notices to be served to respondents to notify all concerned parties before adjudication.
3. : The petitioner must provide list of witness with plaint or petition and list of evidence and copies of evidence to be produced in original later during course of Evidence supporting their claim for custody that evidence or statements shall be accepted or rejected or evaluated by court subject to Cross-examination by other party if not Proceeded Expartie.
4. :The court will decide issues based on Law and legal principles, may include personal understanding and personal Mindset of Judges Law secures the welfare of the minor, Court announce Dicision considering all presented evidence which may be accepted or challenged through Application, Appeal, Review, Revision Writ Petition etc.
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1. : An application for guardianship is made to the District Court in the jurisdiction where the minor resides¹⁵.
2. : The application must be signed and verified by the petitioner.
3. **Hearing:** The court will conduct a hearing to determine the suitability of the proposed guardian.
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1. : An application for guardianship is made to the District Court in the jurisdiction where the minor resides¹⁵.
2. : The application must be signed and verified by the petitioner.
3. **Hearing:** The court will conduct a hearing to determine the suitability of the proposed guardian.
Please note that while we strive to provide accurate information, it's always best to consult with our legal team of professional +923365156685 +923435161290 +923365191677 for personalized advice and the most current legal provisions. If you need further
assistance or have specific questions about the laws, feel free to ask.
SUPREME COURT OF PAKISTAN PRESENT: Mr. Justice Syed Mansoor Ali Shah. https://www.supremecourt.gov.pk/downloads_judgements/c.p._240_2021.pdf.
Reference
THE MUSLIM FAMILY LAWS ORDINANCE, 1961 - Pakistan Code. https://pakistancode.gov.pk/pdffiles/administratoreecaf3b490e2d43d2e3b50c0c068b5d7.pdf.
Visitation Rights - pja.gov.pk. https://pja.gov.pk/system/files/Visitation%20Rights.pdf.
WEST PAKISTAN RULES UNDER MUSLIM FAMILY LAWS ORDINANCE, 1961. https://pakistancode.gov.pk/pdffiles/administratorcc19213a335396659068c340f4dbe7a9.pdf.
Senate of Pakistan. https://senate.gov.pk/uploads/documents/1611747251_842.pdf.
THE MUSLIM FAMILY LAWS ORDINANCE, 1961 CONTENTS. http://cbwah.gov.pk/assets/media/muslim-family-laws-ordinance-1961.pdf.
some of the deficiencies and complexities in Pakistan's family laws concerning the custody of minors:
Mistakes in Family Laws of Pakistan Regarding Custody of Minors
Child custody disputes are emotionally charged and often heart-wrenching aspects of family law. In Pakistan, these matters are primarily governed by Islamic principles and implemented through various statutes. The key law that addresses child custody is the
,_1961. Let's delve into some of the common mistakes and lacunas in this legal framework.
The Guardians and Wards Act 1890 provides the primary legal framework for child custody matters. However, it has several deficiencies, leading to contradictory judgments. Here are some key issues:
refers to the day-to-day upbringing, care, and emotional well-being of the child.
- , on the other hand, involves legal transactions and property management.
- The Act fails to clearly distinguish between these two concepts, resulting in confusion.
Provisions to Custody Matters
- While adjudicating custody cases, courts often rely on provisions related to guardianship.
- This blurs the distinction between custody and guardianship, considering custody as a form of guardianship.
- The Act does not explicitly address custody issues.
- Courts must consider the best interests of the minor, but the Act lacks specific guidelines.
and
- Traditionally, mothers are given preference for custody, especially for young children.
- However, the court considers various factors, including the child's age, preference, financial status of parents, and character.
- The love parents have for their children cannot be measured, and both parents often seek custody.
- In some cases, custody shifts from one parent to the other.
- Immediate threats to the child's welfare may necessitate such changes.
- Pakistan urgently needs legislative and judicial intervention to address these lacunas.
- Proposed reforms should clarify the distinction between custody and guardianship, provide detailed rules, and prioritize the child's well-being.
Child custody laws in Pakistan require sensitivity, legal expertise, and a focus on the child's welfare. An experienced advocate can guide parents through this complex process, ensuring the best outcome for the children.
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