Current Wife Maintenance Law in Pakistan:
If you wish to know the current wife maintenance law in Pakistan or custody of child in Pakistan, you may contact Advocate Jamila Ali. The Supreme Court of Pakistan in Mst. Yasmeen Bibi v. Muhammad Ghazanfar Khan, remarked on the state of the family law justice system in civil courts of ordinary, prior to the promulgation, and the enactment of MFLO and FCA in the form of the following, Before the promulgation of an enactment Muslims Family Laws Ordinance, as well as the West Pakistan Family Court Act, These issues were handled by Civil Courts or Criminal Courts regarding the wife maintenance law in Pakistan or custody of child in Pakistan. This was a lengthy, cumbersome and exhausting process.
In order to get the final resolution to her complaints, the wife was required to wait for years to get relief of maintenance, dower, and other ancillary issues. In the case of divorce, the process took years, and following the divorce decree at the given time, the majority of wives were gray-haired and well over the age of remarriage, in addition to incurring huge expenses for the relief they received regarding a small amount of dower, wife maintenance law in Pakistan or custody of child in Pakistan, and other ancillary matters. Apart from the creation of specialized courts for families, statutes also permitted the appointment of female judges to the courts.
There were previously only a handful of female Judicial officers (civil magistrates or judges). The FCA has, therefore, clearly declared that the government must nominate at the very least one family court supervised by a female judge. It was later held by the Court in Adnan Afzal v Capt. Sher Afzal, the FCA was a ‘procedural’ change that “brought about only procedural changes and not affected any substantive right.”
Custody of Child in Pakistan:
The Court on wife maintenance law in Pakistan or custody of child in Pakistan also used the phrase better remedies for children and women through family courts. For instance, in Mukhtar Ahmad v . Umm Kulsoom in the case of Mukhtar Ahmad v Umm Kulsoom, Lahore High Court held, in the opinion of Afzal Zullah J., that it was the “inquisitorial method” of judging as a characteristic of Islamic law, was required to be applied in the absence of by the rule of law since the law of evidence on wife maintenance law in Pakistan or custody of child in Pakistan is prohibited by the FCA to speedily dispose of cases. In the process, this was done with regard to what was the “statement and attitude of the parties” before the court, based on the less strict rules for evidence.
In the case of Fida Hussain and Nasim Akhtarfor instance, HTML1the Lahore High Court confirmed that the rules in the Evidence Act had been excluded from application to Family Courts on wife maintenance law in Pakistan or custody of child in Pakistan and the evidence of the wife’s testimony was sufficient to be sufficient for her to get an order that was a Khula. This decision discussed in great specifics how evidence can be admissible from siblings, father, and daughter within the context of the FCA provision in which the rule of evidence was exempted from its strict application.
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