Legal Question in Family Law in Pakistan
My nikah was solemnized (in Pakistan) 15th Dec, 2008 according to Islamic and Pakistani customs with a Canadian citizen living at Edmonton. After one hour of Nikah my husband went to Canada. In December 2009, I received a divorce deed from my husband. The divorce deed was on simple stamp paper utilized in Pakistan. I am in real pain that why that person has divorced me for no reason. He applied for my immigration to Canada twice (first in Feb 2009 and cancelled it on Aprill 2009, then applied again in June 2009 and cancelled in Oct 2009). I have all the letters by the embassy on acceptance of my documents and regret letter after cancellation of immigration procedure. He has been taking tax rebate from tax deprtment on my behalf. He forced me to change my sirname and when all the procedure is completed, he is divorcing me
I want to fight for my rights. I want justice because a Canadian citizen has humiliated me a lot. He has socially stigmatized me. As u know in Pakistan Divorce is a stigma.
I am not willing for the divorce. He should compensate me for humiliation and for the stigma he has bestowed me. I want to file case for componsation and living allowance.
I dont know the procedure, that how I can proceed. I want to hire a lawyer and want to go for fight. Please I want to fight against cruelty. Please help me. I cant do anything in Paksitani court as he is in Canada. PLease guide me what Canadian law says in this regard????? Its an urgent matter.
2 Answers from Attorneys
please remember a term : law of lex domicili" in your case it is very much applicable . what happened is cruel and insensitive but what the best you can do is to claim past maintenance from him from the pakistani court. since your marriage is also soleminized in pakistan and naturally had been registered in pakistan . i suggest go for maintenance option .if you need to discuss it in detail you can call me during office hours at my cell 0323-4638149
according to family law of pakistan u only entitled to claim maintinance, but if need to frud or misrepsentation he commited on ur behalf in Govt deprtments so this is ur right to claim damges and companstation for that.
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