Legal Question in Family Law in Pakistan

My husband and I have been married 4 years and we have a Two year old daughter. But my husband has been abusive to me physically on more than one occasion and threatens to take away my daughter if i apply for khula without giving me any visitation rights. I work in a reputable organization and enjoy a decent salary. My daughter is attached to both maternal as well as paternal grandparents. My husband usually is abusive when he is under the influence of alcohol. If i apply for khula what are the chances that i can obtain custody of my daughter.


Asked on 4/12/10, 4:47 am

2 Answers from Attorneys

Owais Ahmad Qadri United Law Associates

if u prefer khula from ur husband on baises of leaving ur all maintinace and other remaining dower if unpaid.

but there are very bright chances for ur entitlment of custody of little girl.

u must keep the custody of ur daughter even in khula proceeding , u need not to file custody petition if daughter is with u.

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Answered on 4/12/10, 5:41 am

a mother has a right to her son until he becomes seven and to her daughter till the age of puberty ie 13 or 14 years then if the welfare of the minor lies in otherwise custody of the minor (as the case may) be transferred to father. but all this time the custody of the minor remains under the supervision of the father and he is liable to pay for the maintenance of the child or children. if you file for divorce or not modus operandi shall be the same as narrated above ,if the disputes arises between the parents.Although there are factors which may render the mother or disentitle the mother to retain or seek custody of her child.you may contact during office hours if need to discuss this in details. cell no is 0323-4638149

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Answered on 4/12/10, 7:24 am


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