Logo

Other Law Matters

Other Law Matters

Divorce Procedure

Divorce Procedure in Pakistan

The dissolution of marriage can be done via Talaq, Khula or divorce from a Family Court. General Information: An Islamic marriage is a contract and can be dissolved like any other contract. It is automatically dissolved on the death of one of the spouses. Apart from this, women and men have the legal and religious right to dissolve a marriage. A spouse has the unilateral right to talaq, which can never be removed but limited by the Nikahnama. A woman can only unilaterally terminate her marriage if the right of divorce has been unconditionally transferred to her by husband in Nikkah Nama. A Marriage may also be dissolved with mutual consent which is called Talaq e Mubbarat.

Other forms of marriage dissolution that a woman may use are Khula and judicial divorce. Both must be sought by the Family Courts.

Whether the marriage has been solved through talaq, khula or legal separation, it is essential that the legal process is followed correctly. Failure to do so may raise doubts as to the effectiveness of the divorce may lead to serious legal problems, such as a case of bigamy and Zina against a woman who remarries later, or problems in solving the problems related to the divorce such as alimony in the past or a deferred application Haq Mehr. The paternity of children can also be challenged.

In addition to a judgment, the woman must ensure that she retrieves her Talaq Nama certificate from concern Union Council and keep it in a safe place.

TALAQ (DIVORCE) PROCEDURE

According to Section 7 of the Muslim Family Laws Ordinance, 1961 husband pronounces the talaq (oral or divorce deed) and sends a Notice through a registered  AD/Courier to the Union Council along with a copy of Nikkah Nama and divorce deed if any and also copy of Notice and original divorce deed to his wife.  Then Union Council upon receiving the notice by Husband issues the notice to wife through registered mail. It forms an arbitration committee i.e called arbitration council within 30 days of receiving the notice by the husband. The Chairman Arbitration Council / Union Council issues the Computerized Divorce effectiveness Certificate as soon as the iddat period of 90 days (from the date, union council receives the talaq notice by husband) is completed.

If the wife is pregnant at the time Talaq is pronounced, Talaq shall not be effective until the pregnancy ends.

Do remember, to notify the Chairman arbitration Council regarding divorce is mandatory as non-compliance may result in a sentence of up to one-year imprisonment and / or a fine of upto Rs. 5000 /-.

Oral Talaq / Divorce Procedure

An oral talaq is not legally recognized until the husband informed the Union Council under section 7 of Muslim Family Laws Ordinance, 1961. Even if the Government issues a Talaq certificate, the talaq can be disputed, if the notice to concern Union Council has not been properly served upon the wife.

This law was originally intended to protect women rights against immediate and unregistered divorce. Before 1979 and the introduction of the Zina Regulation, a woman who was not divorced properly and who would later remarry could be punished for bigamy and sentenced to a maximum of 7 years (or a maximum of 10 years if she had hidden the previous marriage) only on her first husband’s complaint. However, since 1979, bigamy has held a woman liable for Zina’s charges, which can lead to very severe penalties such as death. It is therefore essential that a woman clearly indicates her marital status and has evidence of her divorce.

Talaq-i-Tafweez or Mubarat (mutual divorce)

With this form of divorce, there is no need to go to court, which means that the marriage can be dissolved quickly, at a lower cost and with fewer procedural problems. In this case, the husband and wife can sign a divorce deed and send a written notification in accordance with section 7 of the Muslim Family Laws Ordinance, 1961 to the relevant union council. The Union council / Arbitration Council will adopt the same procedure as in the ordinary procedure of the talaq.

On the other hand, if the woman has the right to divorce in her Nikahnama (clause 18), she is permitted by law to adopt the same talaq procedure for a husband as mentioned above.

Khula Divorce Procedure through Family Court

If the woman does not have the right to divorce in her Nikahnama, she may apply for dissolution of marriage, Khula before Family Court, which literally means “loosen the knot”, is the dissolution of the marriage initiated by the woman and granted by the court. A woman should file a suit before the family court on the grounds that she no longer thought she could live with her husband “within the limits prescribed by Allah “, etc. a statement on the oath would be enough to confirm his plea in favour of Khula.

Grounds for Judicial Divorce

The  Grounds for Dissolution of Marriage are :

  • Abandoned by the spouse for four years,
  • No maintenance for two years
  • The spouse entered into a polygamous marriage in violation of the applicable legal procedures,
  • Imprisonment of the spouse for seven years,
  • Failure by the spouse to comply with his marital obligations for three years,
  • Constant impotence of the spouse since marriage
  • The madness of the spouse for two years or his serious illness
  • Exercise by the woman of her puberty option if a legal guardian has entered into a marriage before the age of 16 and renounces the marriage before the age of 18 (as long as the marriage has not taken place),
  • Marital cruelty (including physical or other abuse, unequal treatment of co-women),
  • Any other ground recognized as valid for the dissolution of the marriage according to Islamic law.

The family court issues a decree and sends a notification to the Union Council, which will continue as if it had received the notice of Talaq from husband and after 90 days union council / Arbitration Council shall issue the Divorce effectiveness Certificate.

Return of Haq Mehar in  Khula case

In case of dissolution of marriage through Khula, Family Court may direct the wife to surrendered up to fifty percent of her deferred Dower or up to twenty-five percent of her admitted prompt dower to the husband but gifts received from her husband’s family may not be returned. The court decides the amount be reimbursed based on the facts of the case.

Corporate and Commercial Law

Corporate and Commercial Law

Business law also called commercial law or mercantile law; that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, trade and sales.

Business or commercial law study is crucial to all business careers, whether in accounting, finance, management, HR, marketing, property, Income Tax, Pensions & Benefits, Trusts & Estates, Immigration Law, Labor Law, Employment or entrepreneurship. Business Law complements other business majors as well.

Commercial laws in Pakistan

There are mainly six laws that deal in Commercial Laws in Pakistan.

1. The Contract Act, 1872

2. The Partnership Act, 1932

3. The Sale of Goods Act, 1930

4. The Negotiable Instruments Act 1881

5. The Companies Ordinance, 1984

6. The Securities & Exchange Ordinance, 1969.

Allied Law Firm provide the best professional services in the following categories:-

  • Commercial Arbitration
  • Commercial Fraud
  • Business Litigation
  • Business Planning
  • Business Start-Ups
  • Commercial Contracts
  • Specific performance of an agreement
  • Franchise Law
  • International Commercial Contract
  • International Contracts
  • Joint Ventures
  • Limited Liability Company Law
  • Partnership Law
  • Privatization
  • Small Business Law
  • Commercial Liability
  • Commercial Litigation
  • Commercial Transactions
  • Corporate Finance
  • Negotiable Instruments
  • Nonprofit Organization
  • Sale of Goods
  • Secured Transactions Mergers and Acquisition

Adoption

Adoption In Pakistan

Many people wonder how a child is adopted in Pakistan or whether adoption in Pakistan is legal. The answer to this question is that adoption in Pakistan is legal, but there is no specific law in Pakistan in this regard.

Laws in Pakistan

Adoption in Pakistani laws allowed indirectly through other laws because there is no specific law in Pakistan for adoption of a child.  However, you may adopt a child legally in Pakistan in two ways:-

Child Protection and Welfare Bureau :

you may adopt a child directly from Child protection and welfare bureau  Office or through a Guardian Court. Infant beings for adoption in Pakistan can only be brought to recognized centers or through child protection centers where procedures are conducted through the president. You must then continue with your case and convince him that you are a couple who are suitable to adopt a baby in Pakistan.

Before going to court, you must submit your complete profile indicating your priority, i.e the sex or age of the baby you wish to adopt, as well as any other requirements to adopt a baby in Pakistan. A complete file must be prepared by a lawyer in Pakistan, on which your application is based. The adopter must also provide personal information such as occupation, age, religion, income, etc. A child cannot be adopted from unapproved centers in Pakistan. This is only possible through approved centers in Pakistan, such as Edhi, SOS Village etc. There are only a few government-approved agencies in Pakistan from which you can adopt a child in Pakistan after you have Meet the conditions for adoption. Once your lawyer in Pakistan has processed the entire case, you will receive a certificate of adoption in Pakistan, the only evidence in Pakistan.

Directly from Parents:

you may also adopt a child directly from parents through an adoption deed and then its declaration from a civil Court. After obtaining a declaration Decree in your favour, you may get a Guardian Certificate and Travel permission from Guardian Court.

Adoption Procedure in Pakistan

If you already have a baby, you do not have to go to the specific center in Pakistan. If you have an adopted baby, you must file a petition before the Guardian Judge to obtain a guardianship certificate. Most couples who adopt a baby in Pakistan prepare a certificate of adoption in Pakistan and believe that they have completed the adoption, but legally, adoption in Pakistan cannot be based solely on this certificate in Pakistan. In Pakistan, an adopted baby can only be adopted by filing a Guardianship petition through a competent Family Lawyer in Pakistan.  The process in Pakistan can be done through Allied Law Firm because we have experts lawyers for such cases in Pakistan. The Process would be faster and the adoption procedure in Pakistan could be completed quickly. If you are interested to adopt a child from Pakistan, do call us and we will guide you accordingly.

Court Marriage

 

Court Marriage in Pakistan

The concept of court marriage is slightly different in Pakistan as compared to other western countries. Every major male and female in the age of puberty have the right to contract a marriage with each other. The Constitution of Pakistan provides protection to family and also give rights to celebrate marriages.  However, Same-sex marriages are not allowed in Pakistan.

Step By Step Procedure:-

Below are the complete steps for the court marriage procedure.

  1. You need to engage us at least 2 days before, after confirmation and payment of an advance,  we shall be kept prepared your documents.
  2. The couple has to arrive at our office at a given time. we will provide them excellent services with full privacy and also arrange Nikkah Khawan/ Nikkah Registrar, Stamp vendor, and Notary Public or Oath commissioner at our office.
  3. Consultation with a lawyer regarding fixation of Dower/ Haq Mehar and maintenance of wife and other rights of couples etc.
  4. Nikkah Khawan shall solemnize the Nikkah as per Islamic tradition and the same shall be registered accordingly. You may also ask us for a computerize Nadra Marriage certificate.
  5. After Nikkah an affidavit shall be issued by stamp vendor for Bride, (we shall prepare the same ) which shall be signed by her and after her affirmation, It shall be attested by the Oath Commissioner or Notary Public.
  6. To provide protection to marriage and to avoid any action from the parent’s side, the bride’s statement shall be recorded before Session Judge/ Justice of peace through filing a writ petition before Justice of Peace/ Session Court. 

COURT MARRIAGE PROCEDURE FOR CHRISTIANS 

The procedure of court marriage for Christians is almost the same as only their nikkah ceremony shall be solemnized as per Christians Laws through a Padri, rest procedure for marriage shall be same.

DOCUMENTS REQUIRED 
  1. CNIC copies of the couple or;
  2. B Form or any other educational documents for age proof
  3. Two passport size pics of Bride
  4. Two witnesses having CNIC (Can be arranged by us)
  5. Affidavit of Bride of free will, consent and being sui juris no objection of marrying (prepared by us).

Taxation Services

Taxation Services

The changing of laws and Tax regulations demands changes in strategy to save our clients from heavy taxes and obligations.  All reputed companies always consider tax implications before they make business decisions.

Allied Law Firm support you to reduce overall tax in your business and ensuring tax compliance and provide you best consultancy services in the field of taxation, audit, accountancy & administration, management advisory services, accounting and internal controls, compliance with statutory requirements and professional advice on tax-related issues.

Our Taxation Services

  • Preparation and filing of Income-tax, Sales Tax and Excise returns,
  • Follow up of taxation affairs,
  • Representation of clients for assessment/audit procedures and preparing,
  • Filing and proceeding for appeals.
  • Tribunal Hearings
  • Audit Objections
  • Tax show cause Notices
  • Tax Notice reply
  • Wealth Statement u/Sec. 116
  • 177(1) (Notice to call for record
  • Property tax