Latest Posts

Know Second Wife Maintenance Law and Rules

Know Second Wife Maintenance:

If you wish to know about the second wife maintenance or child custody in Pakistan, you may contact Advocate Jamila Ali. This is why the court distinguished that if a suit for dissolution of marriage is based on other grounds that are not covered by the DMMA, however, even if it is established that a wife is not able to be a Muslim and live within the sanctity of Allah (the conditions for the khula), the dissolution of the marriage will not cause her to be unable of her right to maintenance, or second wife maintenance or child custody in Pakistan or the dower.

Case of Masserat Bibi:

 In a different instance of the matter of Masseerat Bibi in the case of Muhammad Bashir, the Azad Jammu and Kashmir Shariat Court ruled on an issue in which the lawsuit to dissolve the marriage was to be ruled on the basis of the cruelty of the husband as well as in the alternative, on the foundation of the word khula. While cruelty was proven in the evidence and the family courts on second wife maintenance or child custody in Pakistan ruled the case upon the grounds of the khula only. In the end, however, the Shariat Judicial Court in AJK declared the decree invalid on the ground of the khula, and a decree of dissolution based on the evidence of cruelty was granted to dissolve the marriage. The bride was not required to pay her dower. in the matter of Shaukat Hayat. ADJ Rawalpindi, from the year 2003, a wife was granted the right to khula on the fact that she was in love with her husband so much she could not stay with the man she loved.

Child Custody in Pakistan:

While the wife had requested a divorce pursuant to the DMMA, the court on second wife maintenance or child custody in Pakistan ruled that there was no evidence supporting her claims, aside from an intense hatred of her husband. On the basis of that and the inability of numerous attempts to reconcile the husband, the judge concluded they had “to separate spouses would be better than to force them to live in an atmosphere perpetually surcharged with mutual distrust and hatred towards each other.” In this instance, second wife maintenance or child custody in Pakistan or the dissolution of marriage was granted in accordance with the khula, based largely on the wife’s demand for it as well as her unwillingness to continue being married to her partner.

Court:

In yet another case, however, in Muhammad Abbasi v. Samia Abbasi, CLC (Malik Muhammad Qayyum, J. ), After a long time of remand, the case was ordered to be remanded by the highest court, which held that the khula could not be granted solely because the spouse has asked. The decision on second wife maintenance or child custody in Pakistan, however, was against the precedent that was established by the Bilqis Fatima and Khurshid Bibi cases. Particularly in Mst. Zarina Bibi’s case v. ADJ, Jhang, and others the same case, the court held in favor that there was no need for Khula “need not come out with any logical, objective and sufficient reasons for the dissolution of marriage.”

Latest Posts

Don't Miss