Section 5 of the ordinance provides that subject to the provision of the
Muslim Family Law Ordinance- 1960 a family court will have jurisdiction
over the following matter:
1. Dissolution of marriage
2. Restitution of congeal life.
3. Dower
4. Maintenance
5. Guardianship and custody of children.
Court Proceeding
After filing of the plaint when written statement is filed by defended in the court, the Court shall fix a date within 30 days for pre-trial hearing. On that date the Court attempt to affect a compromise or reconciliation between the parties, if possible. Compromise or reconciliation failed Court take evidence of the parties and deliver his decision.
Divorce/Talaq
According Muslim law if any person wishing to divorce his wife, shall as soon as may be after pronouncement of TALAQ in any form whatsoever, give the Mayor/Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife. Within 30 days of notice Mayor/ Chairman shall constitute an Arbitration Council for the purpose of bringing about reconciliation between the parties.
Wife’s Right of Divorce
An agreement made, whether before or after marriage, by which it is that the wife should be at liberty to divorce herself in specified contingencies is valid, if the condition are of a reasonable nature and are not opposed to the policy of the Muslim Law. When such an agreement is made, the wife may, at any time after the happening of any of the contingencies, repudiate herself in the exercise of the power. And a divorce will then take effect to the same extent as a talaq had been pronounced by the husband.
Maintenance of Wife and Children
After divorce wife is entitled to maintenance up to Iddat period. Which extend to three months. But wife’s refusal to obey reasonable instructions of the husband disentitles her to maintenance.
As per section 5 of the ordinance of 1985 it is not only the wife who can file a suit in a Family Court for her maintenance but also for the maintenance of her child.
2nd Marriage
According to section 6 of the Family Court Ordinance 1985 any person wants during the subsistence of an existing marriage to contact another marriage, he shall have to obtain first permission his existing wife and second permission from the arbitration council. Without which the subsequent marriage will be illegal and liable to punishment.
Dower
Mahr or dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of the marriage.
As per the provision of Muslim Family Law ordinance, 1961 where no details about the mode of payments of dower are specified in the Nikanama, or the marriage contracts; the enter amount of the dower shall be presumed to be payable on demand. High court is fixed to prevent the husband from divorcing the wife capriciously.
Guardianship and Custody of Children
Right to mother to custody of infant children:—The mother is entitled to the custody of her male child until he is the age of seven years and of her female child until she ha attained puberty (18 years). The right continues though she is divorced by the father of the child. Unless she marries a second husband in which case the custody belongs to the father.
1. Dissolution of marriage
2. Restitution of congeal life.
3. Dower
4. Maintenance
5. Guardianship and custody of children.
Court Proceeding
After filing of the plaint when written statement is filed by defended in the court, the Court shall fix a date within 30 days for pre-trial hearing. On that date the Court attempt to affect a compromise or reconciliation between the parties, if possible. Compromise or reconciliation failed Court take evidence of the parties and deliver his decision.
Divorce/Talaq
According Muslim law if any person wishing to divorce his wife, shall as soon as may be after pronouncement of TALAQ in any form whatsoever, give the Mayor/Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife. Within 30 days of notice Mayor/ Chairman shall constitute an Arbitration Council for the purpose of bringing about reconciliation between the parties.
Wife’s Right of Divorce
An agreement made, whether before or after marriage, by which it is that the wife should be at liberty to divorce herself in specified contingencies is valid, if the condition are of a reasonable nature and are not opposed to the policy of the Muslim Law. When such an agreement is made, the wife may, at any time after the happening of any of the contingencies, repudiate herself in the exercise of the power. And a divorce will then take effect to the same extent as a talaq had been pronounced by the husband.
Maintenance of Wife and Children
After divorce wife is entitled to maintenance up to Iddat period. Which extend to three months. But wife’s refusal to obey reasonable instructions of the husband disentitles her to maintenance.
As per section 5 of the ordinance of 1985 it is not only the wife who can file a suit in a Family Court for her maintenance but also for the maintenance of her child.
2nd Marriage
According to section 6 of the Family Court Ordinance 1985 any person wants during the subsistence of an existing marriage to contact another marriage, he shall have to obtain first permission his existing wife and second permission from the arbitration council. Without which the subsequent marriage will be illegal and liable to punishment.
Dower
Mahr or dower is a sum of money or other property which the wife is entitled to receive from the husband in consideration of the marriage.
As per the provision of Muslim Family Law ordinance, 1961 where no details about the mode of payments of dower are specified in the Nikanama, or the marriage contracts; the enter amount of the dower shall be presumed to be payable on demand. High court is fixed to prevent the husband from divorcing the wife capriciously.
Guardianship and Custody of Children
Right to mother to custody of infant children:—The mother is entitled to the custody of her male child until he is the age of seven years and of her female child until she ha attained puberty (18 years). The right continues though she is divorced by the father of the child. Unless she marries a second husband in which case the custody belongs to the father.
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