Practice

Family & Matrimonial

Discreet representation of spouses and children before the Family Courts at Rawalpindi and Islamabad, conducted procedurally and without theatre.

Desks

Where the family work sits

Four working areas cover most matrimonial instructions. Child custody and Mulaqat are dealt with on their own page.

Khula, Talaq & the Union Council process

Judicial Khula before the Family Court, Talaq notices under the Muslim Family Laws Ordinance, 1961, the ninety-day conciliation period before the Union Council, and the certificate of effectiveness of divorce. Recognition of foreign dissolutions is addressed at a general level according to the documents available.

Haq Mehr (dower) & Jahez (dowry) recovery

Claims for prompt and deferred dower as recorded in the Nikahnama, recovery of Jahez articles and gold or jewellery against a properly prepared list, and execution of a decree where recovery is resisted.

Maintenance & restitution

Interim maintenance applications, maintenance for children, defence against inflated or unsupported claims, and suits for restitution of conjugal rights where they are genuinely sought.

Domestic violence protection

Protection and residence-style orders under the applicable provincial domestic-violence legislation, with immediate attention to safety, residence and the practical arrangements a court can be asked to order.

For custody, Hizanat, guardianship and visitation, see Child Custody & Mulaqat.

Procedure

How a family case typically moves

  1. 01

    Confidential briefing

    Review of the Nikahnama, dowry lists, transfers and message records, and a clear account of what is sought.

  2. 02

    Plaint or written statement

    Filing of the suit or reply together with interim applications such as maintenance where required.

  3. 03

    Pre-trial reconciliation

    The Family Court attempts reconciliation where the law requires it; positions are recorded carefully.

  4. 04

    Evidence and decree

    Evidence, cross-examination and arguments, then the decree and, where necessary, execution.

Questions

Frequently asked

What is the difference between Khula and Talaq?

Talaq is pronounced by the husband and notified to the Union Council. Khula is sought by the wife from the Family Court, which may dissolve the marriage on the grounds established before it. The procedural route and the documents differ.

Why is there a ninety-day period after a Talaq notice?

Under the Muslim Family Laws Ordinance, 1961, the Union Council attempts conciliation for ninety days after notice. A divorce does not ordinarily become effective before that period expires.

What is a certificate of effectiveness of divorce?

It is the document issued by the Union Council recording that a divorce has become effective. It is frequently required for remarriage, for records and for use abroad.

Can Haq Mehr be claimed after separation?

Dower is a right recorded in the Nikahnama. Prompt dower may be claimed when due and deferred dower on dissolution or death, subject to the terms recorded and to limitation.

How is Jahez proved?

Through the dowry list, receipts, photographs, transfer records and witness evidence. A careful, itemised list prepared at the outset materially improves recovery.

How does the court fix maintenance?

By reference to the needs of the wife or children and the means of the person liable, on the material placed before it. Interim maintenance may be fixed while the suit continues.

Do I have to attend every hearing?

Not always. Counsel appears on your behalf for most procedural dates, but personal attendance is required for reconciliation proceedings, evidence and certain other steps.

Is a protection order available urgently?

Provincial domestic-violence legislation provides for protection and residence-type orders, and courts can be moved promptly where the facts justify it. In an emergency, contact the police as well as counsel.