DIVORCE:-  
 
Divorce, like the death of a loved one, is one of the most traumatic events in a person’s lifetime. As a Divorce Lawyer, Muhammad Iqbal Khan knows that shoddy or substandard service is simply not acceptable. If you are looking for a Family Law Attorney to help you get fast, focused, and fair results, whether through trial or a mediated settlement, please contact Iqbal law Services Family Law firm.
Husband is free to pronounce divorce to his wife in Islam and wife is also free to pronounce divorce to herself if the delegated powers has been granted to her by the husband as prescribed in the Nikahnama / marriage certificate. There are two main kinds of the Divorce for women:-
Divorce:- It is also obtained from the competent court of law by wife if she don’t want to live with his husband in the prescribed limits of Almighty Allah as husband and wife on any of the flowing grounds under the Muslim Marriages Act, 1939:-
Khulla :- It is the simple form of Khulla /divorce that is got by the women from the competent court of Family Judge of the concern jurisdiction in lieu of the dower/maintenance or any other benefit received by the wife form his husband and she have to return back in lieu of the khulla.
 
   
   
   
  GOURDS OF THE DIVORCE:-  
 
1)         that the whereabouts of the husband have not been known for a period a four years.
2)         That the husband has neglected or has failed to provide for her maintenance for a period of two years. OR under subsection II-A, that              the husband has taken an additional wife in contravention of the provisos of the Muslim Family Laws Ordinance, 1961
3)         That the husband has been sentenced to imprisonment for a period of seven years or upward
4)         That the husband has failed to perform without reasonable cause his marital obligations for a period of three years.
5)         That the husband was impotent at the time of marriage and continues to be so.
6)         That the husband has insane for a period f tow years or is suffering from leprosy or a virulent venereal disease.
7)         That she, having been given in marriage by her father or other guardian before she attained the age of sixteen years. Repudiated the              marriage before attaining the age of eighteen years(provided that the marriage has not been consummated)
8)         That the husband treats here with cruelty that is to say:
(a) habitually assault her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or
(b) associates with women of evil repute or leads an infamous life, or
(c) attempts to force her to lead an immoral life, or
(d) disposes of her property or prevents her exercising her legal rights over it, or
(e) obstructs her in the observance of her religious profession or practice, or
(f) If he has more wives than one, does not treat her equitably in accordance with the injunctions of the Qur’an.
9)         on any other ground which is recognized as valid for the dissolution of marriage under Muslim Law, provide that
(a) no decree passed on ground (1)shall not take effect for a period of six months form the dated of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies that curt that he is prepared to perform his conjugal duties the court shall set aside the said decree, and
(b) before passing a decree on ground (5) the court shall, on application by the husband, make an order requiring the husband to satisfy the court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the court within such period, no decree shall be passed on the said ground. 
Muhammad Iqbal Khan knows how frightening, how dangerous, and how frustrating divorce can be. He is a true advocate of her clients, helping them define realistic goals and then relentlessly pursuing those goals on their behalf.

Divorce is a complex process, redefining the financial and personal relationships within a family. As a Family Law Attorney, Muhammad Iqbal Khan has:

  • the sensitivity to preserve her client’s dignity throughout the course of this emotional process
  • the creativity and determination to craft child custody, visitation, and child support solutions that are truly in the children’s best interests
  • the analytical skills and aggressive litigation experience to protect her client’s financial interests during negotiations regarding spousal maintenance and division of marital property.
If you would like to discuss any divorce-related issue with Gabrielle, please contact the firm to make arrangements for a free initial consultation. Matters that the Iqbal International lawservices handles for clients involved in divorce include:
 
  • Divorce deed
  • Maintenance of wife and children
  • Child custody
  • Adoption
  • Conjugal rights
  • Jactitation of marriage
  • Khulla
  • Delegated powers of divorce
  • Child custody / joint custody / sole custody
  • Removal of a child to another state
  • Parenting time / visitation
  • Child support/maintenance / alimony / spousal support
  • Property division / fair and equitable settlements
  • Judicial seperation
Contact Muhammad Iqbal Khan Divorce Advocate to schedule your free initial consultation
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GUARDIANSHIP:-

Who can get guardianship of the minor or the property of the minor

If any person adopt the child then he/she have to file the file the case for the declaration as a guardian of the minor or the property of the minor or want to take the minor out of the country. Then he/she have to file the Application before family judge of the concern jurisdiction under section 7 of the Guardian and Ward Act 1890

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CHILD CUSTODY:-

Under the Muslim Law and under section 25 of  Guardian and Ward Act 1890 the mother has right to keep the custody of the male minor till the age of seven year and female minor until she attain puberty as HIZANAT. However if any one satisfy the court the welfare of the minor lies with him then he can get the custody. Temporary custody of the child is also get U/S 12 of Guardian and Ward Act 1890.

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CHRISTIAN DIVORCE:-

Under the Divorce Act 1869 the Christian spouse either husband or wife can get dissolve the marriage U/S 10 of the Divorce Act 1869 on the ground of:

 
    Guilty of incestuous adultery
    Bigamy with adultery
    Marriage with another woman with adultery
    Rap, sodomy or bestiality
    Adultery coupled with such cruelty
    Adultery coupled with desertion

COURT MARRIAGE/CIVIL MARRIAGE REGISTRATION:-

Under the Injunction of Islam, constitution of Pakistan and the law of Land every adult exercising her own option of freewill taking oath before the Magistrate can marry with her own choice and accord without wali / wakeel.

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LODGING THE FIR:-

U/S 154 Criminal Procedure says:

“Every information relating to the commission of cognizable offence if given orally to an officer incharge of the police station, shall be reduced to writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the Provisional Government by prescribe in this behalf”.

But if the SHO refuse to lodge the FIR then complainant can seek direction from the court for lodging the FIR .

 
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