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FAMILY DISPUTES

“Protecting Famlies Preserving Futures”

FAMILY DISPUTES

“Protecting Famlies Preserving Futures”

Legal Support Service

Family Disputes


At Qadeer & Zaheer, matrimonial and family law is a cornerstone of our legal practice. We offer compassionate yet strategic legal services to both domestic and international clients, addressing the full spectrum of family law matters with professionalism and care. Our experienced team advises and represents clients on issues including marriage, divorce (talaq and khula), child custody, guardianship, maintenance, dowry recovery, domestic violence, and inheritance disputes under the laws of Pakistan.

With a deep understanding of the cultural, religious, and legal sensitivities involved in family matters, we guide our clients through emotionally charged situations with clarity and discretion. We appear regularly before family courts, district courts, and high courts across Pakistan, advocating for our clients’ rights with skill and dedication.

At Qadeer & Zaheer, we combine legal expertise with empathy to deliver solutions that protect your rights, secure your future, and bring peace of mind during challenging times.

Our Legal Services in Matrimonial and Family Law:

At Qadeer & Zaheer, we offer comprehensive legal services in matters relating to Muslim family law, with a particular focus on the lawful solemnization and dissolution of marriage in accordance with Islamic principles and the statutory framework of Pakistan.

Under Muslim law, marriage (Nikah) is considered a civil contract rather than a religious sacrament. As such, it carries legal rights and obligations for both spouses, and its dissolution—though permissible—is subject to specific legal formalities that must be strictly observed to ensure enforceability and avoid future complications.

Dissolution of Marriage through Talaq

While a Muslim husband possesses the unilateral right to pronounce divorce (Talaq), this right is not absolute or unregulated. The Muslim Family Laws Ordinance, 1961 has laid down a mandatory legal framework that governs the procedure of divorce. Compliance with this procedure is essential for the divorce to attain legal effect.

Key legal requirements include:

  • Pronouncement of Talaq:
    Talaq may be pronounced orally or in writing, and both forms are legally valid in Pakistan. However, to ensure clarity, avoid disputes, and establish a verifiable record, it is advisable to execute a formal Divorce Deed (Talaqnama) or written notice of divorce.
  • Written Notice to Union Council:
    After pronouncing Talaq, the law requires the husband to send a written notice of the divorce to the Chairman of the Union Council where the wife resides. This triggers a reconciliation process conducted by the Arbitration Council over a 90-day period.
  • Observation of Iddat Period:
    During the 90-day period (also referred to as Iddat), efforts are made for reconciliation. If reconciliation fails, the divorce is deemed effective upon the expiry of the 90-day period or earlier upon confirmation by the Arbitration Council.
  • Registration of Divorce Deed:
    While registration of the divorce deed is not mandatory for the validity of divorce, it serves as critical evidence and is advisable for the protection of legal rights, particularly in relation to maintenance (nafaqah), dower (mehr), and child custody or guardianship issues.

Legal Consequences of Non-Compliance

Failure to comply with the above formalities can result in serious legal consequences, including:

  • The divorce being considered legally ineffective or void;
  • Exposure to criminal liability under Section 7 of the Muslim Family Laws Ordinance, which may include fine and imprisonment;
  • Legal disputes arising over the status of marriage, entitlement to dower, remarriage complications, and custody or inheritance claims.

Our Legal Support

At Qadeer & Zaheer, our experienced family law attorneys provide professional assistance in all aspects of Muslim divorce law, including:

  • Drafting legally sound Divorce Deeds (Talaqnamas) and written notices;
  • Ensuring proper service and filing of notices with the relevant Union Council;
  • Representing clients before the Arbitration Council during reconciliation proceedings;
  • Advising on post-divorce rights and responsibilities, including child custody, maintenance, and division of matrimonial property;
  • Resolving disputes related to the validity of divorce, unregistered talaq, or multiple pronouncements;
  • Defending clients against false criminal allegations or procedural violations in divorce matters.

Whether you are seeking to lawfully dissolve a marriage, challenge the validity of a talaq, or defend your rights arising out of a marital dispute, Qadeer & Zaheer is equipped to provide clear, compassionate, and effective legal support grounded in Islamic jurisprudence and Pakistani family law.

At Qadeer & Zaheer, we provide expert legal assistance to women seeking to dissolve their marriage through Khula—a judicial form of divorce initiated by the wife under Islamic and Pakistani family law. Our practice is grounded in both Shariah principles and the procedural framework of Pakistan’s legal system, ensuring a compassionate, respectful, and effective resolution for women in difficult marital circumstances.

Understanding Khula

In Islamic jurisprudence, Khula refers to the right of a Muslim woman to seek dissolution of her marriage when she can no longer continue living with her husband in harmony—even in the absence of any specific fault or misconduct on the husband’s part. It is an equitable mechanism that respects a woman’s personal autonomy, emotional well-being, and spiritual integrity.

Under Pakistani law, Khula is governed primarily by the Family Courts Act, 1964, and is available to any Muslim woman who sincerely believes that she can no longer fulfill the obligations of marriage and that continuing the relationship would result in mental or physical harm.

When Can Khula Be Sought?

Khula may be pursued in various circumstances, including but not limited to:

  • Emotional or psychological incompatibility
  • Breakdown of marital harmony
  • Verbal or emotional abuse, neglect, or indifference
  • Loss of trust, love, or affection
  • Restrictive or oppressive domestic conditions
  • Religious or ideological divergence
  • Personal reasons preventing cohabitation

It is not necessary for the wife to prove fault or misconduct by the husband; rather, she must demonstrate a genuine aversion or inability to live with him “within the limits prescribed by Allah”.

Legal Process for Khula in Pakistan

The process for obtaining Khula involves the following legal steps:

  1. Filing of a Suit for Dissolution of Marriage
    The wife must file a Suit for Dissolution of Marriage on the Grounds of Khula in the Family Court of her area of residence or marriage. The suit must include a clear statement expressing her unwillingness to live with her husband and her willingness to forgo her dower (mehr) if required.
  2. Court Proceedings and Reconciliation Efforts
    Upon receipt of the petition, the Family Court summons the husband and undertakes reconciliation proceedings as mandated by law. The judge may explore the possibility of saving the marriage through dialogue and compromise. However, if reconciliation fails, the court proceeds with the case.
  3. Judicial Decree of Dissolution
    If the wife remains firm in her intention and the court is satisfied that the marriage has irretrievably broken down, it will issue a decree for dissolution of marriage by Khula. The court may order the return of the dower (mehr) or other marital benefits as a condition of divorce.
  4. Notice to Union Council and Effectiveness of Divorce
    After the court’s decree, a copy is sent to the Chairman of the Union Council, who initiates the 90-day reconciliation process as per the Muslim Family Laws Ordinance, 1961. Once this period expires, the divorce becomes legally effective, and the Talaq Certificate is issued.

Our Services in Khula Proceedings

At Qadeer & Zaheer, we understand the sensitive and deeply personal nature of family disputes. Our experienced family law attorneys offer confidential and strategic representation throughout the Khula process, including:

  • Drafting and filing the Suit for Khula
  • Representing clients in Family Court proceedings
  • Assisting with reconciliation efforts or mediation when appropriate
  • Advising on return of dower (mehr) and other financial implications
  • Ensuring compliance with all procedural and statutory requirements
  • Coordinating with Union Councils for timely issuance of the divorce certificate
  • Providing support for related issues such as child custody, maintenance, or property division

Empowering Women with Legal Dignity

Khula represents an important legal and religious safeguard for women in Islam, reinforcing their right to dignity, choice, and freedom from distress. At Qadeer & Zaheer, we are committed to upholding these values by offering ethical, client-centered representation that protects your interests and facilitates a respectful transition toward a new chapter in life.

Maintenance (Nafqah) for Wife & Children

At Qadeer & Zaheer, we provide expert legal services related to maintenance claims under Muslim Family Law and the West Pakistan Family Courts Act, 1964, ensuring that the financial rights and responsibilities within the family structure are upheld with fairness and legal precision.

Understanding Maintenance (Nafqah)

Under Islamic law and Pakistani statutory provisions, nafqah (maintenance) refers to the husband's legal obligation to provide for his wife and children. This duty encompasses:

  • Financial support for basic needs including food, clothing, shelter, and healthcare
  • Living expenses in accordance with the standard of life the wife was accustomed to during the marriage
  • Education and welfare for minor children, regardless of whether they are in the custody of the mother or the father

The obligation of maintenance continues as long as the marital relationship exists and the wife is faithfully discharging her marital duties. For children, the obligation persists until they reach adulthood, or longer in the case of daughters who are unmarried or sons with special needs.

Legal Remedies for Non-Payment of Maintenance

If a husband fails to provide maintenance—either willfully or due to neglect—the wife or guardian of the children has the right to initiate legal proceedings before the Family Court under the West Pakistan Family Courts Act, 1964.

A wife may file a Suit for Recovery of Maintenance in the following situations:

  • When the husband abandons or neglects her without cause
  • In cases of financial abandonment or persistent failure to support
  • When the husband has contracted another marriage and fails to maintain multiple wives equitably
  • When the husband disputes his obligation based on false allegations of misconduct, disobedience, or desertion by the wife

In response, the husband may defend the suit by arguing that:

  • The wife left the marital home without valid justification
  • The wife is disobedient or not fulfilling her marital obligations
  • The wife has sufficient independent means of income or support
  • Maintenance has already been paid or settled privately

The burden of proof rests on both parties to substantiate their claims, and the court assesses the credibility of evidence, financial capacity of the husband, needs of the wife and children, and overall family circumstances before issuing a decree.

Our Legal Services in Maintenance Cases

At Qadeer & Zaheer, our experienced family law attorneys offer end-to-end legal representation in maintenance-related disputes, including:

  • Filing and prosecuting maintenance suits on behalf of wives and guardians of minor children
  • Seeking interim maintenance orders during the pendency of the case to provide urgent relief
  • Securing arrears of unpaid maintenance for previous months or years
  • Drafting and negotiating settlement agreements related to spousal and child support
  • Filing execution petitions for enforcement of court decrees when the husband defaults on payment
  • Defending husbands against fraudulent or exaggerated claims for maintenance
  • Presenting documentary and oral evidence to establish income, lifestyle, needs, and obligations

Why Legal Representation Matters

Maintenance cases often involve emotional tensions and factual disputes regarding financial contributions, spousal conduct, and child welfare. Professional legal representation is crucial to:

  • Accurately assess entitlement and quantum of maintenance
  • Frame a strong legal narrative based on documentary evidence and statutory rights
  • Navigate procedural formalities in Family Court with efficiency and care
  • Protect clients from unjust liability or financial exploitation

Your Rights Deserve Protection

Whether you are a wife seeking rightful support, a mother advocating for your children's financial well-being, or a husband defending against unjustified demands, Qadeer & Zaheer is equipped to represent your case with integrity, discretion, and legal skill. We aim to uphold the principles of justice, equity, and dignity within the framework of Muslim personal law and Pakistani family law.

Child Custody & Visitation Rights

At Qadeer & Zaheer, we offer comprehensive legal representation in matters relating to child custody and visitation rights under Pakistani family law. Recognizing the emotionally charged nature of such disputes, our experienced legal team provides sensitive yet strategic legal guidance to ensure that the best interests and welfare of the child are always prioritized.

Understanding Child Custody in Pakistan

In Pakistan, the custody of minor children is governed by Islamic principles and codified laws, including the Guardians and Wards Act, 1890, and relevant family law precedents. The term "custody" refers to both legal custody (decision-making authority) and physical custody (where the child resides), while visitation rights ensure that the non-custodial parent maintains meaningful contact with the child.

The paramount consideration in any custody determination is the welfare of the minor—a legal standard that goes beyond mere emotional preference or parental convenience. Courts assess custody cases based on a variety of factors, including:

  • The age, gender, and maturity of the child
  • The emotional bond between the child and each parent
  • The moral, educational, and financial fitness of each parent
  • Stability of the home environment offered by each parent
  • Any history of neglect, abuse, or misconduct
  • The child’s own preference (particularly if they are of sufficient age and maturity)
  • Siblings’ living arrangements and the importance of preserving family unity

Types of Custody Arrangements

The Pakistani legal system recognizes several forms of custody arrangements:

  • Permanent Custody (Hizanat): Generally granted to the parent who can best ensure the child’s long-term well-being.
  • Interim Custody: Temporary custody granted during the pendency of a custody case, often accompanied by visitation rights.
  • Joint Custody: Although less common, courts may permit shared custody where both parents maintain significant roles in the child's life.
  • Visitation Rights: The non-custodial parent is typically granted scheduled visitation, which may be supervised or unsupervised depending on the case facts.

Legal Representation for Both Mothers and Fathers

At Qadeer & Zaheer, we understand that child custody matters are not one-sided. We offer legal support to:

Mothers Seeking Custody:

We advocate for mothers aiming to secure or retain custody of their children, particularly in early childhood years, as Islamic jurisprudence and local law traditionally favor maternal custody of young children—provided the mother is deemed fit and responsible.

Fathers Seeking Custody or Visitation:

We also represent fathers who are either seeking custody or facing unjust denial of visitation rights. Our firm strongly believes in protecting the child's right to a meaningful relationship with both parents, as long as such a relationship serves the child’s welfare.

Our Child Custody Legal Services Include:

  • Filing and defending custody suits under the Guardians and Wards Act
  • Securing interim custody orders and emergency relief
  • Enforcing or modifying visitation schedules
  • Drafting parenting plans and consent agreements
  • Challenging illegal or harmful relocation of the child
  • Handling cross-border or international custody disputes
  • Representing clients in mediation or court-supervised reconciliation
  • Advising on custody matters arising out of divorce, khula, or talaq
  • Seeking court permission for schooling, medical care, travel, or relocation of the child

Whether you are initiating a custody claim, seeking enforcement of visitation rights, or responding to an existing case, our lawyers at Qadeer & Zaheer are here to protect your interests with compassion, discretion, and legal excellence.

Guardianship Certificates & Legal Guardianship Services

At Qadeer & Zaheer (Advocates & Legal Consultants), we offer specialized legal services for obtaining Guardianship Certificates from Family Courts in Pakistan. Whether you are a biological parent, close relative, or a third party seeking legal authority to care for a minor, our team provides reliable legal assistance to help you fulfill your responsibility lawfully and effectively.

What is a Guardianship Certificate?

A Guardianship Certificate is a legal document issued by the Family Court under the Guardians and Wards Act, 1890, officially recognizing an individual as the lawful guardian of a minor child. This certificate is necessary in situations where the guardian needs to:

  • Make decisions related to the education, healthcare, and upbringing of the child
  • Enroll the minor in schools or colleges
  • Obtain a passport, CNIC, or B-form for the child
  • Represent the minor in legal matters, property transactions, or court proceedings
  • Apply for immigration or visa processing involving the child
  • Manage or protect the property or inheritance of the minor

In the absence of a guardianship certificate, a person—even a close relative—may face legal and bureaucratic barriers in acting on behalf of the child.

Who Can Apply for Guardianship?

Under Pakistani law, the natural guardian is usually the father of the minor. However, in his absence, or if he is deemed unfit or unavailable, guardianship can be granted to:

  • The mother of the child
  • Grandparents, siblings, uncles, or aunts
  • Any other suitable and responsible person having the minor’s best interests in mind

The court evaluates each case based on the welfare of the minor, including emotional bonds, financial capacity, moral character, and the ability of the applicant to protect and care for the child.

Legal Procedure for Obtaining a Guardianship Certificate

Our firm handles the entire legal process required for obtaining a Guardianship Certificate, including:

  1. Filing a Guardianship Petition before the relevant Family Court
  2. Preparing all necessary legal documentation and evidence
  3. Assisting with publication requirements to notify interested parties (if required)
  4. Representing the applicant in court hearings
  5. Addressing any objections from relatives or other parties
  6. Ensuring the timely issuance of the Guardianship Certificate upon court approval

The process typically involves filing an application supported by documentary proof such as:

  • The minor’s birth certificate
  • Parental death certificates (if applicable)
  • NADRA family registration documents
  • Proof of the applicant’s relationship and capability

Our Legal Services Include:

  • Legal advice on guardianship rights and obligations under Pakistani law
  • Preparation and filing of guardianship applications in Family Court
  • Handling urgent applications where the welfare of the child requires immediate court intervention
  • Providing legal assistance for property guardianship (if the minor owns movable or immovable assets)
  • Managing post-certification legal formalities such as registration with NADRA, embassies, or educational institutions

Our family law team brings together legal acumen, procedural expertise, and a compassionate approach to guide you through sensitive guardianship matters. We understand the legal complexities and emotional nuances involved in caring for a child, and we work diligently to secure judicial recognition of your right to act in the child’s best interests.

Whether you are a grandparent stepping in after the loss of parents, a mother needing formal recognition in a school or legal setting, or a relative planning to take a child abroad, our firm ensures that the legal guardianship process is handled smoothly, lawfully, and efficiently.

Family Disputes

Family disputes often involve sensitive issues like divorce, custody, and inheritance, requiring compassionate yet strategic legal solutions to protect your rights and loved ones.

At Qadeer & Zaheer, we are committed to resolving family law matters with sensitivity, professionalism, and legal expertise. Contact us today to discuss how we can assist you with your family law needs in Karachi.

Why Choose Us?

Extensive Experience

With a track record of success, our legal professionals bring a wealth of experience to the table. We have successfully navigated a diverse range of cases, earning the trust and confidence of our clients.

Innovative Solutions

We offer forward-thinking legal strategies tailored to each client’s needs. Our innovative approach ensures personalized guidance, proactive problem-solving, and practical solutions that drive efficiency, compliance.

Client Approach

We approach every case with careful planning, customizing our legal strategies to suit each client’s unique situation. Our dedicated focus is on delivering tangible results, long-term value, and exceptional client support.

Trusted & Secure

Integrity and ethics are the cornerstones of our practice. We adhere to the highest standards of professionalism, ensuring that our clients receive legal representation that is not only effective but also ethically sound.