Legal Question in Family Law in

i need to know that what reasons are considered valid and appropriate before filing a case for khula in Pakistan and what evidence is required by the court to justify as reasons for having khulla?

also if there is a child who is one year old, under which law mother can have the custody and for how long??

and what if husband has not given the haq mehar so far, and if i ask for khulla what will happen about the haq mhr


Asked on 11/30/10, 4:03 am

2 Answers from Attorneys

No Valid reason is required required by law for granting Khula decree. U can ask it as right.

only u have to say that swear hate against husband has developed and leave other things to to ur Lawyer. including U 2 witness r required to prove ur case.

mother has a right to feed the child upto 2 1/2 year. Under Guardian and wards act u can file a petition for for appointment of guardian. normally courts decide the petition in the favour of mother unless it is proved by father that custody of child in mother's hand is ruining the child. such as poor health, no education etc .

the court always consider the welfare of minor. So dont worry about child custody you ll also get the maintenance allowance from his father.

Haq Mehar and dowry article etc can also be taken through court and u can fie a suit in Family courts combine with Khula or separately.

for more info plz do no hesitate to contact me any time at

[email protected]

or

00 92 321 4610092

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Answered on 11/30/10, 4:26 am
Salman Khan International Lawyer

I always prefer that women should go for dessolution of marriage on the grounds mentioned in section 2 of west Pakistan dessolution of Marriages Act, 1939. Because those grounds make a woman eligible for decree of dessolution of marriage and they never have to forego anything. Khula is its advanced form which makes a woman ineligible for Haq Mehr.. Madam do consult me free at [email protected]

U will get the male child's custody under guardians and wards act the child is under tender age for seven years and if the child is a female then she will remain with u till she reaches age of majority..

Regards,

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Answered on 11/30/10, 9:41 am


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