Let Know Current Khula and Divorce Law in Pakistan

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Current Khula and Divorce Law in Pakistan:

 If you wish to know the current divorce law in Pakistan or law for khula in Pakistan, you may contact Jamila Law Associates. Petitioner- the Father was a careless person, and minors would be at the mercy of their stepmother in his absence. It could not expect good treatment towards children from a stepmother under the current divorce law in Pakistan or law for khula in Pakistan.

Welfare:

The welfare of minors in the present case was with their mother, in the circumstances. Father could be deprived of the custody of minor where he did not have the means to maintain and provide the healthy bringing up to his children or he deliberately omitted to meet his obligation, or his character was dubious. He was involved in unlawful activities and had remarried.

High Court:

Mother was appointed as guardian of minors by the High Court subject to furnishing surety bonds for each minor in the terms that she would be responsible to the welfare of children and would produce them whenever any Court of competent jurisdiction summoned them under the current divorce law in Pakistan or law for khula in Pakistan.

Appeal:

 The appeal was accepted, in the circumstances. Appellant/father assailed the order passed by Family Court whereby his application for custody of minors was dismissed. Minors had remained with their mother from childhood; therefore, they were more familiar and akin to their mother than their father. Subsection (3) of S.17 of Guardians and Wards Act, 1890 postulated that the court could consider their preference if a minor was old enough to form an intelligent preference. Minors, in the present case, had preferred to live with their mother.

Khula in Pakistan:

Therefore, under the current divorce law in Pakistan or law for khula in Pakistan it was not in their interest to give them the custody of their father. Appellant/father was a professor, busy in college during day time, and nobody was available in his house to look after the minors. Mother was looking after the minors appropriately, and they were studying in the best school in the city. It had brought nothing on record indicating that minors were being brought up and looked after in a bad manner. The appeal was dismissed on the divorce law in Pakistan or law for khula in Pakistan.  Power of Court to appoint a guardian of person or property or both of a minor and undertake necessary proceedings for their welfare.

Repugnancy to Injunctions:

Repugnancy to Injunctions of Islam. According to Injunctions of Islam, a court was the final authority to administer justice and give due rights to every individual who needed the same at any time. Court had to decide cases according to the facts and circ determine what would be beneficial for protecting and safeguarding a minor’s interests under the divorce law in Pakistan or law for khula in Pakistan. Persons in authority (legislature/judges/executive) were duty-bound to appoint or terminate guardianship of person and property belonging to minors or disabled persons according to norms of justice principles of “Ahsan.”