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File Divorce Procedure for Overseas Pakistani:
If you wish to file the divorce procedure for overseas Pakistani or khula procedure in Pakistan, you may contact Jamila Law Associates. Father alleged that the living conditions of the mother were not appropriate for the daughter. Father had contended that in the wake of second marriage after the divorce procedure for overseas Pakistani or khula procedure in Pakistan with a person alien to the daughter, custody of a grown-up daughter with mother would affect her psychological well-being. For Divorce in Pakistan, Here u need to Know the Divorce Law in Pakistan For Overseas & Citizen of Pakistan. The Divorce Procedure in Pakistan & Procedure of Divorce FOr Overseas Pakistani is very simple & Easy
The mother contended that the plaintiff had also contracted a second marriage, and the daughter would have to face the stepmother’s cruelty. The record revealed that the father had laid much stress on the mother’s remarriage in his evidence. In contrast, the mother deposed that she was being educated and the daughter was also studying. Moreover, she had no children from her second marriage. The mere remarriage of a minor’s mother would not ipso facto disentitle her from retaining custody of the child. Evidence had shown that the father was a laborer and an illiterate person, whereas the mother was an educated lady and Hafiza-e-Quran.
Source of Income:
Father had no permanent source of income while the mother was getting a fixed salary working in the health department after the divorce procedure for overseas Pakistani or khula procedure in Pakistan. The daughter was about 16 years of age, and the father had failed to produce any evidence before the Trial Court from which it could infer that the living conditions of the minor with her mother were not favorable for the minor. It could bring no material on record which was adverse to the interest and welfare of the child. The psychological and mental well-being of the minor was directly dependant on the love and affection imparted by a mother to her daughter. Father had failed to point out any illegality or infirmity in the impugned judgments.
Khula Procedure in Pakistan:
The constitutional petition on the divorce procedure for overseas Pakistani or khula procedure in Pakistan was dismissed. Non-availability of funds or lack of the mother to maintain her children cannot be treated as a disqualification of the mother to retain custody of her children, particularly during the period of hizanat. Court exercise quasi-parental jurisdiction in guardianship matters. Utmost consideration, in such context, is the welfare of a minor and to achieve said purpose court has unfettered powers on the divorce procedure for overseas Pakistani or khula procedure in Pakistan.”
Transfer application. High Court, the applicant’s jurisdiction was the mother of a minor who applied for custody of the child. Respondent was the minor’s father, who was aggrieved about not producing the minor for meeting with him. Therefore, he applied S. 100, Cr.P.C., for the recovery of the minor to have the right to meet his son. The applicant had an alternate legal remedy to agitate her grievances by approaching District Court by preferring transfer application of the divorce procedure for overseas Pakistani or khula procedure in Pakistan. Still, she directly filed the same before High Court, which showed mala fide on her part to develop pressure upon Trial Court, which was competent to pass appropriate orders on application under S. 100, Cr.P.C., moved by Father of a minor.