Get Custody and Maintenance of Child after Divorce:
If you wish to get custody of children in Pakistan or maintenance of child after divorce you may contact Jamila Law Associates. However, it imposed such restriction on the Magistrate powers under S. 488, Cr.P.C. Expenditures borne on delivery of the child were to be paid by the husband as he was bound to maintain the wife adequately included the medical charges in case of custody of children in Pakistan or maintenance of child after divorce.
Compensation due to divorce:
Award of Compensation due to divorce pronounced was not within the jurisdiction of the Arbitration Council. A condition that in case of pronouncement of divorce, the petitioner-husband would pay Compensation was stringent, harsh, and against the public policy. Husband and wife were supposed to live within the limits of God, and they must pay respect to each other and lead a harmonious life, and if the same became impossible, they might respectfully separate from each other.
The said condition might force husband and wife to live with hatred, ill-will, and grouse nourished in their hearts against each other, which finally led to many social complications. Impugned order for custody of children in Pakistan or maintenance of child after divorce to the extent of Compensation was not sustainable in the eyes of the law. The factual controversy could not be resolved in the exercise of Constitutional jurisdiction by the High Court. To confine its application only to the grant of future maintenance, not covering the past was valid.
Custody of Children in Pakistan:
Regarding the custody of children in Pakistan or maintenance of child after divorce section 9 authorities issued a certificate by the Arbitration Council, specifying the amount paid as maintenance by the husband on his failure to maintain his wife adequately or equitably with his co-wife if there is one or co-wives. if there are more, on the determination of that matter when raised before the Council by the neglected wife or wives. The Commission’s recommendations had set up marriage and family laws that provided for some conciliatory and easy modes for ending unhappy wedlock’s and ensuring speedy reliefs to the neglected wives against the delinquent husbands for custody of children in Pakistan or maintenance of child after divorce.
The action for past maintenance being maintainable on the part of a wife, subject to limitation and subject to the claim being otherwise enforceable in a Court of law, and there being no prohibition for its decision by the Arbitration Council under the Ordinance as a supplementary agency to the ordinary forums already existing under the law.
The matter stands concluded by the decision of the Supreme Court in Muhammad Nawaz v. Khurshid Begum, wherein their Lordships agreed with the view of the Lahore High Court in Sardar Muhammad v. Nasima Bibi that past maintenance can be allowed under the Muslim law subject to a limitation which can be awarded for three years and not beyond that. There is no statutory bar or constraint for custody of children in Pakistan or maintenance of child after divorce on the powers of the Family Court to grant maintenance to minors if they are otherwise entitled in its locus parents capacity.