Legal Question in Family Law in Pakistan
hiya, my sister was married to her husband for 8 years in pakistan, me and my parents live in dubai. in that time he and his family has mentally tortured my sister, he never used to pay for any medicines for my sister and when she had her two daughters, 7 and 4 years, he didn't pay for their birth and their schooling or their medicines when they used to get ill. my parents used to send a lump sum every month to fulfil my sister's and her children's needs. her husband always denied having any money whenever she used to ask him for something as small as a child's school fees. he used to say that take them off scholing coz lots of other kids in pakistan dont study, they can be one of them. she recently had an attack of minor paralysis but has recovered from it within weeks and can fully look after the house, husband and kids. on 2 march 2010 she recieved a letter from hin that was from court which said that he has divorced her on the grounds of she didn't look after the kidsor his mother properly and that when she came to visit us on our trip to pakistan she did that without his permission, where as the truth is that he sent her in his friends vehicle as he said he was too busy to drop her off. he has all the furniture and gold jewellery and clother, therefore everything that a person leaves at home before going to visit someone. could u plz tell me what will happen in regards to custody of children and the possession of things. my sister doesn't want to go back to that man and we can certainly look after her and her kids forever and she can continue with her teaching job that her ex husband made her stopped doing.
1 Answer from Attorneys
As for as the custody of the children is concerned, as u mentioned that both are girls, so the mother's right is superior as compare to father for the custody of daughters. If your sister go to the court and file a case for the custody of her daughters, she can have the custody of them. in the same suit she can demand the maintenance of the children, and the court will award it according the financial position of the father. If your sister go for the second marriage then she may lose the custody of the children.
On the other hand your sister can get the recovery of the dowry article and the dower as well through court. for further detail you can contact me on my cell.
--
S.A. Kanjan,
Advocate High Court,
Islamabad.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
