Marriage Disputes

Nikah (Marriage) Disputes may arise regarding the validity of a marriage, especially concerning the proper execution of the Nikah ceremony, consent, age, and other conditions set forth by Islamic law.

Divorce (Talaq)

Divorce in Pakistan can occur through Talaq (by the husband), Khula (by the wife), and judicial divorce (through a court order). The husband must pronounce Talaq three times and notify the Union Council. The Council issues notices to both parties, and a reconciliation process is attempted. After 90 days, if reconciliation fails, divorce is finalized. A wife can seek Khula through the court, which requires her to forfeit her dower (Haq Mehar) or any other financial benefit received from the husband. If the court finds valid grounds, it will grant Khula, and the marriage is dissolved. A wife can also seek a judicial divorce on various grounds, such as cruelty, non-maintenance, or husband's impotence.

Child Custody (Hizanat)

Generally, the mother has the right to custody of minor children (especially under 7 years for boys and until puberty for girls). However, this right is contingent upon the mother’s ability to take care of the children. The father remains the legal guardian, responsible for the child’s financial support. The court always considers the best interest of the child in custody cases, evaluating factors like education, upbringing, and the child's welfare.

Maintenance (Nafaqah)

The husband is obligated to provide financial support to his wife during the marriage. After divorce, he must provide maintenance during the Iddat period (a waiting period after divorce). The father is responsible for the child’s maintenance, including expenses for food, clothing, education, and health. Failure to provide maintenance can lead to legal action, with the court determining the amount based on the father's financial status.

Domestic Violence

Domestic violence, including physical, emotional, and psychological abuse, can lead to legal action under various laws, such as the Domestic Violence (Prevention and Protection) Act. Victims can seek protection orders, financial compensation, and custody of children. Family disputes are typically handled in Family Courts, established under the Family Courts Act, 1964. These courts have exclusive jurisdiction over family matters and aim to provide a speedy resolution.

Appeals

Decisions made by Family Courts can be appealed to the higher judiciary, including the High Courts.