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Family Courts (Amendment) Act 2015

When The Family Courts (Amendment) Act 2015 (AA of 2015) amends the Family Courts Act 1964, Act XXXV. These changes speed up the litigation, reducing the time period in which a defendant may file his reply. Failure to file reply during this time period will result in the closing of the defendant’s right of defence, and the family court will decide the case in favour of the woman according to law. A crucial change allows women to keep up to 50% of the dower in the case of Khula, where before she was bound to return/leave the dower. The following sections have been amended:

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Abortion Laws in Pakistan

Abortion is legal in Pakistan but in very limited circumstances. Isqat-i-Hamal may causes woman with child whose organs have not been formed in good faith only for the purpose of saving the life of the woman, or providing necessary treatment to her.....

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Divorce Procedure for Overseas Pakistanis

S. 7—Constitution of Pakistan (1973), Art.199—Constitutional petition—Notice of divorce —Reconciliation between the spouses—Forum—Petition was directed against notice received by the petitioner/wife from Chairman Union Council informing her about the notice of divorce served by husband and offering reconciliation proceedings under the Muslim Family Laws Ordinance, 1961—Both the petitioner/ wife and husband were residing abroad and for foreign resident Pakistanis, the law had created a remedy and forum for reconciliation between the spouses under Muslim Family Laws Ordinance, 1961 in the Pakistan Mission in the countries of their residence—Husband should avail that remedy and in case such remedy was not available, then any other competent forum could be approached for relief—High Court directed that husband should approach the Pakistan Mission in the country (abroad)....

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EXHUMATION (KABAR KUSHAI)

Q: What is Exhumation (Kabar Kushai)? Under what circumstances it can be allowed?

INTRODUCTION

The application for disinterment and exhumation of body of deceased could be moved even on simple ground of suspicion and it is up to the judicial conscious of the learned Magistrate, who after due satisfaction may cause the body to disinterred and examined. Even otherwise, exhumation of body of the deceased would be in the interest of the petitioner and his co-accused so as to exonerate them from the allegations leveled in the FIR if their version of innocence becomes true. Click here to continue reading.

 

DIVORCE LAW IN PAKISTAN

When husband and wife cannot live happily together within the limits prescribed by Allah Almighty then they can dissolve their marriage through divorce or khula.

The husband can pronounce divorce and khula is the right of a wife in Islam to seek dissolution of marriage from her husband through intervention of the court.Click here to continue reading.

 

INHERITANCE LAW OF ISLAM

Inheritance Definition:

According to the author of Darul Mukhtar, inheritance is called ?Faraiz? because Allah has Himself framed rules for division of heritage. Inheritance means legal and arithmetical principles whereby the right of everybody in the estate of a deceased person is ascertained. (Darul Mukhtar P. 429) Inheritance, as defined by Dr. Tanzil-ur-Rehman, is an involuntary devolution of property through which the estate of the deceased person gets transferred to the heirs as his or her successors. Its constituents are: Click here to continue reading.

 

BAIL BEFORE ARREST

What is bail before arrest? Under what circumstances it can be allowed?

INTRODUCTION

Pre arrest Bail, more commonly known as anticipatory bail since it is a legal relief in anticipation of a possible arrest. If any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, or becomes aware of such case being lodged against him/her, he/she has the right to move the court of Sessions, the High Court or another court of competent jurisdiction under Code of Criminal Procedure for grant of bail before arrest. If you are Looking for immediate Legal relief in your case, Aboori (Anticipatory bail) may be your first legal weapon in a court of Law. We help both Pre arrest Bail Filing, Grant and opposition for our valued clients in all courts in Pakistan and have a track record of excellent results. Click here to continue reading.

 

AAQ NAMA

Q. Does "Aaqnama" has any legal effact? Is it permitted in islamic Law?

Aaq Nama has no legal value in Pakistan Legal system. It is unislamic and not part of our law. Even if a person gives an advertisement in the newspaper for aaq nama it has no value. The person named in the Aaq nama has full entitlement to the legacy of his parents and others from whom he can inherit property. Click here to continue reading.

 

WRIT JURISDICTION OF HIGH COURT:

Writ jurisdiction has been vested upon High Courts of Provinces. Subject to Constitution of Islamic Republic of Pakistan, this jurisdiction may be exercised, if the Judge of High Court is satisfied that other available remedies are not adequate. There are four kinds of Writ:

  1. Writ of Mendamus
  2. Writ of Prohibition
  3. Writ of Certiorari
  4. Writ of Habeas Corpus
  5. Writ of Quo Warranto
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BENAMI TRANSACTIONS IN PAKISTAN:

The benami transaction is any transaction in which property is transferred to one person for a consideration paid by another person. Benami Transaction is fully recognised in Pakistan. Click here to continue reading.

 

 




 



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  MUHAMMAD SAJJAD MUNIR RAMAY

  Advocate High Court

  Near Gillan Pharmacy, Mandi Stop,

  Wahdat Road, Lahore, Pakistan.

  Email: info@ramaylegalaidservices.com

  adv.sajjad@gmail.com

  Ph: +92-300-7855735

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