Legal Services for Overseas Pakistanis
Legal Services for Overseas Pakistanis Introduction Millions of Pakistanis live and work abroad in the Gulf, Europe, North America, and beyond. While living overseas brings opportunities, it also creates legal challenges that require professional help back home. From family law matters to property disputes and NADRA documentation, dealing with Pakistan’s legal system from another country can be complex and time-consuming. This is where Law of Lawyers comes in. We offer reliable and secure overseas Pakistani legal help, enabling you to manage your cases and documents in Pakistan without having to travel. Through our online legal assistance platform, we handle family law cases, document verification, property issues, and more efficiently and transparently. This article explains the common legal challenges faced by overseas Pakistanis, how our services work, and why choosing Law of Lawyers ensures peace of mind no matter where you are in the world. For assistance, visit https://lawoflawyers.com/ or call +92 325 7230004. Legal Challenges for Overseas Pakistanis Living abroad often means managing affairs in two countries. Unfortunately, many overseas Pakistanis face difficulties handling legal matters in Pakistan because of distance, misinformation, or lack of trustworthy representation. Common Legal Challenges Include: Family Law Issues:Divorce, khula, child custody, and marriage registration require court representation in Pakistan. Managing these cases from abroad without proper legal help can cause delays or invalid documentation. Property and Inheritance Disputes:Many overseas Pakistanis own property in Pakistan. Disputes with relatives, illegal possession, or title transfer issues are common problems that require local legal support. NADRA and Documentation Problems:Obtaining or verifying NADRA certificates such as birth, marriage, or divorce certificates can be difficult for those living overseas. Power of Attorney and Verification:Overseas citizens often need a Power of Attorney (PoA) to authorize someone in Pakistan to act on their behalf. This document must be correctly drafted, attested, and registered to be valid. Fraud or Forgery Cases:Sadly, overseas Pakistanis are often victims of property fraud or unauthorized transactions. Without immediate legal action, such cases can become complicated. Court Representation:Many legal issues require personal appearance, but with the help of a professional lawyer and a properly executed PoA, your case can be handled in your absence. At Law of Lawyers, we address these challenges by providing verified, transparent, and efficient Pakistan legal services tailored for overseas clients. Family Law and Documentation Help Family law issues are among the most common reasons overseas Pakistanis need legal support. Our firm provides complete assistance in family law in Pakistan, including marriage, divorce, khula, and child custody cases. 1. Marriage and Nikah Registration We help clients perform online nikah or court marriage in Pakistan, ensuring the union is legally valid and properly registered with NADRA. This is especially useful for overseas Pakistanis who cannot travel home. 2. Divorce and Khula If you are seeking divorce or khula while abroad, we manage the entire process through authorized legal representation. We prepare documents, file cases in Family Court, and handle registration with the Union Council. 3. Child Custody and Guardianship Our lawyers represent parents in custody disputes, ensuring the welfare of the child is prioritized according to Pakistani law. We also handle child travel permissions and guardianship certificates. 4. NADRA Certificates We assist in obtaining or correcting: NADRA birth certificates NADRA marriage certificates NADRA divorce certificates These documents are required for immigration, visa, or inheritance cases abroad. Whether you are in the UK, USA, Canada, UAE, or any other country, Law of Lawyers can manage your family and documentation cases entirely from Pakistan. Online Services for Overseas Clients Thanks to technology and legal digitization, overseas Pakistanis can now manage almost all legal matters through online legal services. At Law of Lawyers, our online platform allows clients to initiate, monitor, and complete cases remotely. We handle every step from drafting to court appearances without requiring you to visit Pakistan. Our Online Services Include: Filing family law cases (divorce, khula, custody) Property and inheritance dispute management Online nikah and marriage registration NADRA certificate applications and verification Power of Attorney drafting and registration Court document attestation and verification Embassy and Ministry of Foreign Affairs attestation We use secure communication channels such as WhatsApp, email, and Zoom for coordination, and we send regular progress updates to keep clients fully informed. How to Get Legal Help Remotely Getting online legal assistance in Pakistan through Law of Lawyers is simple and efficient. You don’t need to visit our office; everything can be done digitally with the right documentation. Here’s How It Works: Contact Our Team:Get in touch through phone, WhatsApp, or our website https://lawoflawyers.com/. Initial Consultation:We schedule an online consultation to understand your case details and advise on the best legal route. Document Review:You share scanned copies of relevant documents (e.g., CNIC, marriage certificate, property papers, etc.) for assessment. Legal Strategy and Quotation:Our lawyers outline the process, estimated timeline, and total cost with full transparency and no hidden charges. Power of Attorney (if required):If your physical presence is required for court representation, we help you prepare a Power of Attorney, get it attested from your local Pakistani Embassy or Consulate, and submit it to the authorities in Pakistan. Case Filing and Progress Updates:We file your case or application in the relevant court or department and send regular updates until completion. Delivery of Results:Once the case is finalized or document issued, we send you the official papers via courier or email, depending on your need. This streamlined process ensures your legal matters are handled professionally without unnecessary travel or delays. Step-by-Step Process To make it clearer, here’s the complete step-by-step guide for overseas Pakistanis seeking legal help through Law of Lawyers: Step Action Outcome 1 Contact via phone, email, or website Receive initial response within 24 hours 2 Submit documents online Our team verifies authenticity 3 Attend virtual consultation Legal strategy and cost estimate provided 4 Sign authorization or PoA Enables legal representation in Pakistan 5 Case filing in court or department Official case initiation 6 Regular updates and coordination Progress tracked and shared digitally 7 Case completion and document delivery Certificates
Easy Online Nikah and Marriage Registration in Pakistan
Online Nikah and Marri age Registration in Pakistan Introduction Marriage is a sacred and legal bond between two individuals. In Pakistan, it carries both religious significance and legal consequences. With technology evolving and more people living abroad, the concept of online nikah in Pakistan has gained popularity. It offers convenience, privacy, and legality allowing couples to solemnize their marriage even if they are in different cities or countries. The Law of Lawyers provides complete assistance with marriage registration, online nikah, and court marriage in Pakistan, ensuring every step complies with Islamic and Pakistani family laws. This article explains how online nikah works, the documents required, the legal procedure for court marriage, and how online registration benefits both local and overseas Pakistanis. Importance of Marriage Registration Marriage registration is not just a formality it’s a legal requirement in Pakistan. The Nikah Nama (marriage contract) is the official record that proves a valid marriage has taken place under Islamic law. However, for government and legal recognition, the marriage must also be registered with the Union Council. Why Marriage Registration Matters: Legal Recognition:A registered marriage ensures your relationship is recognized by law and government institutions. Protection of Rights:Registration protects both spouses’ legal rights, including inheritance, dowry, and custody claims. Immigration and Visa Purposes:A registered marriage certificate is essential for applying for family or spouse visas abroad. Avoiding Legal Complications:Unregistered marriages can cause problems in property claims, child legitimacy, and divorce proceedings. Without proper marriage registration, even a valid Nikah can face legal challenges in courts or abroad. That’s why obtaining a Nikah certificate online or through a registered lawyer is crucial for both religious and legal security. Online Nikah Process in Pakistan The online nikah process in Pakistan allows couples to perform their marriage ceremony through a virtual platform such as a video call while fulfilling all Islamic and legal requirements. This process is fully legitimate when carried out under the supervision of a registered Nikah Khawan (marriage registrar) and with proper documentation. Step-by-Step Process for Online Nikah: Consultation and Verification:The process starts with legal consultation. The parties confirm their consent to marry, and their CNICs or passports are verified. Appointment of Representatives (if needed):If one or both partners are not physically present, they can appoint representatives (Wakil) through a written authorization or power of attorney. Nikah Ceremony via Video Link:The Nikah Khawan conducts the ceremony using a live video call (Zoom, WhatsApp, or another platform). Both bride and groom give consent in front of witnesses. Signing of Nikah Nama:The Nikah Nama is signed by both parties (or their representatives) and attested by witnesses. The document is then registered with the relevant Union Council. Issuance of NADRA Marriage Certificate:After registration, a NADRA marriage certificate can be obtained as official proof of marriage. This method is especially useful for couples where one partner lives abroad, such as overseas Pakistanis who cannot travel for an in-person ceremony. Documents Required for Nikah Proper documentation ensures your nikah and marriage registration are legally valid in Pakistan. Below are the standard documents needed for online nikah or court marriage: For Both Bride and Groom: Copy of CNIC or valid passport Recent passport-size photographs Proof of address or residence Affidavit of free will (for both parties) Divorce certificate (if previously married and divorced) Death certificate of previous spouse (if widowed) For Witnesses: Copies of CNICs of two Muslim adult witnesses For Representative/Wakil (if applicable): Authorization letter or Power of Attorney CNIC copy of the representative In the case of an online nikah for overseas Pakistanis, the documents must be attested by the Pakistani Embassy or Consulate before submission. Court Marriage Procedure A court marriage in Pakistan is a civil marriage conducted and registered through the Family Court or a lawyer authorized to perform marriages. It’s a legal and secure way for couples who wish to marry of their own choice. Step-by-Step Court Marriage Process: Legal Consultation:Both partners meet a family lawyer to understand their rights, obligations, and the registration process. Preparation of Documents:The lawyer prepares affidavits of free will and ensures all required documents are complete. Nikah Ceremony:A Nikah Khawan performs the marriage ceremony, witnesses sign the Nikah Nama, and the couple signs the marriage documents. Registration at Union Council:The Nikah Nama is submitted to the Union Council for official registration. Issuance of NADRA Marriage Certificate:Once registered, NADRA issues the computerized marriage certificate, confirming the marriage is legally valid. Legal Protection: Court marriages are protected under Pakistani Family Laws. The couple receives all rights and protections of a legally recognized marriage. The law also protects couples from harassment or threats after the marriage. Benefits of Online Registration Opting for online marriage registration in Pakistan offers several benefits, especially for couples facing travel, time, or location constraints. Key Benefits: Convenience:Couples can complete their marriage process from home, saving time and travel expenses. Accessibility for Overseas Pakistanis:Those living abroad can perform a valid Islamic marriage without returning to Pakistan. Legal Recognition:The marriage is registered with the Union Council and fully recognized under Pakistani law. Privacy and Security:The process ensures confidentiality, especially for couples who prefer discretion. Quick Documentation:With professional assistance, couples can receive their Nikah Nama and NADRA marriage certificate within a few days. No Geographical Limits:The bride and groom can be in different cities or even different countries and still conduct a legal online nikah. Online registration has become especially valuable for students, professionals abroad, or couples who wish to marry without social complications. Overseas Pakistanis and Online Nikah For overseas Pakistanis, online nikah has become a practical and recognized way to marry according to both Islamic and Pakistani law. Whether living in the UK, USA, UAE, Canada, or Europe, Pakistani citizens abroad can perform a legally valid marriage online. Requirements for Overseas Pakistanis: Pakistani CNIC or NICOP:Both parties should hold a Pakistani National ID or NICOP. Authorization Letter (if one party is abroad):The absent party appoints a Wakil (representative) through an attested authorization letter or power of attorney. Video Link Attendance:Both partners or their representatives must attend the
How to Obtain NADRA Certificates Online in Pakistan
NADRA Certificate Services in Pakistan Introduction In Pakistan, official identification and registration are essential for legal recognition of personal and family matters. Whether it’s a birth, marriage, or divorce, you need valid documents issued by the National Database and Registration Authority (NADRA). These certificates are required for everything from school admissions and passports to property transfers and visa applications. Understanding how to apply for a NADRA certificate can save you time, money, and unnecessary stress. Unfortunately, many people face delays due to incomplete forms, missing documents, or incorrect information. This article explains the types of NADRA certificates, the application process, required documents, common issues, and how Law of Lawyers can help you get your certificates quickly and correctly. For expert assistance, visit https://lawoflawyers.com/ or call +92 325 7230004. Types of NADRA Certificates NADRA issues several types of certificates that confirm legal identity and family status. The three most common are: 1. NADRA Birth Certificate A NADRA birth certificate is an official record of a person’s birth. It includes: Full name of the child Date and place of birth Names of parents CNIC numbers (for parents) Registration number It is required for: School and college admissions Passport or CNIC applications Immigration and visa procedures Legal inheritance matters Birth certificates can be issued for newborns as well as for adults who were never registered at birth. The process involves verifying hospital or union council records before NADRA issues the computerized certificate. 2. NADRA Marriage Certificate A NADRA marriage certificate is a computerized document that legally confirms a marriage under Pakistani law. It is based on the Nikah Nama (marriage contract) registered with the Union Council. The NADRA marriage certificate includes: Full names and CNIC numbers of husband and wife Date and place of marriage Nikah registrar’s details Registration number This certificate is essential for: Immigration and spouse visa applications Changing marital status on CNIC or passport Legal claims and inheritance Family record verification Without a NADRA marriage certificate, foreign embassies and government departments may not accept your marriage as officially registered. 3. NADRA Divorce Certificate A NADRA divorce certificate confirms the legal dissolution of a marriage. It is issued after divorce (talaq) or khula has been finalized and registered with the local Union Council. It includes: Names and CNICs of both spouses Divorce registration number Date of divorce confirmation Union Council details This certificate is required for: Updating CNIC and passport records Remarriage Property and inheritance matters Visa or immigration documentation Without a NADRA divorce certificate, the divorce is not legally recognized in government or international records. How to Apply Online NADRA has made the process of applying for certificates much easier with its online portal. You can now apply for most certificates from home by visiting the NADRA e-Services Portal. Here’s how the process works: Visit the NADRA Online Portal:Go to the official NADRA website and click on the “Online Services” section. Create an Account:Register with a valid email address, CNIC number, and phone number. Select the Certificate Type:Choose whether you want a birth, marriage, or divorce certificate. Fill in the Application Form:Enter your personal details carefully. Make sure all spellings match your CNIC and supporting documents. Upload Required Documents:Attach scanned copies of the necessary documents (see list below). Pay the Fee Online:Payment can be made using a credit/debit card or through designated NADRA payment partners. Submit and Track Application:Once submitted, you can track the progress of your application online. NADRA may contact you if additional verification is required. Receive Certificate:After approval, NADRA will issue the certificate either online (PDF) or as a printed document that can be collected from the nearest office or delivered by courier. Required Documents The exact documents depend on the type of certificate, but here’s a general list: For NADRA Birth Certificate: Copy of hospital birth record or old manual birth certificate CNICs of parents Child’s B-form (if available) Proof of residence Application form or affidavit if birth was not previously registered For NADRA Marriage Certificate: Copy of Nikah Nama (registered by Nikah Registrar) CNICs of husband and wife CNIC of Nikah Registrar (optional but recommended) Passport-size photos of both spouses Copy of Union Council registration For NADRA Divorce Certificate: Copy of Divorce Certificate or Talaq Nama issued by Union Council CNICs of both husband and wife Copy of NADRA marriage certificate (if available) Union Council divorce registration record In some cases, NADRA may ask for additional documents such as affidavits or witness statements if records are missing or incomplete. Common Issues and Solutions Many applicants face problems during the NADRA certificate process. Here are the most frequent issues and how to handle them: 1. Name or Spelling Errors If your name or parent’s name is misspelled on the CNIC, Nikah Nama, or birth record, NADRA may reject the application.Solution: Correct the spelling first at the relevant authority (Union Council or NADRA office) before applying for the certificate. 2. Missing Union Council Records If your marriage, birth, or divorce was never registered at the Union Council, NADRA cannot issue the computerized certificate.Solution: Contact the Union Council where the event occurred and request late registration. Once approved, NADRA can process the certificate. 3. Duplicate or Conflicting Records Sometimes two different records exist for the same person or event.Solution: Visit the local NADRA office for verification and provide supporting documents to resolve discrepancies. 4. Online Application Rejection Applications may be rejected due to missing documents or mismatched information.Solution: Review all documents carefully before submission or seek help from professionals like Law of Lawyers to avoid errors. 5. Overseas Applicants If you are abroad, applying for NADRA certificates can be difficult.Solution: NADRA has overseas centers, and Law of Lawyers can assist with documentation and follow-up on your behalf. NADRA Certificate Verification After receiving your NADRA certificate, you may need to verify it for official or international use, especially for: Visa applications Immigration procedures Court submissions Educational or employment purposes abroad Verification Process: Check QR Code or Tracking Number:All NADRA certificates come with a unique serial or tracking number.
How to Handle Divorce and Khula in Pakistan: Step-by-Step Guide
Divorce and Khula Laws in Pakistan Introduction Marriage is one of the most important relationships in life, but when it becomes impossible to continue living together, the law provides ways for separation. In Pakistan, separation can take two main legal forms divorce initiated by the husband and khula initiated by the wife. Understanding the divorce law in Pakistan and khula law in Pakistan helps both spouses protect their legal rights and make informed decisions. These laws are based on Islamic principles, the Muslim Family Laws Ordinance 1961, and relevant family court procedures. This article explains the difference between divorce and khula, their legal procedures, post-divorce rights of husband and wife, dowry and mahr rules, and how Law of Lawyers can guide you through the process effectively. For professional help, visit https://lawoflawyers.com/ or schedule a consultation at https://lawoflawyers.com/schedule-your-free-legal-consultation/. Difference Between Divorce and Khula In Pakistan, both men and women have the right to end a marriage, but the legal route differs depending on who initiates the separation. Divorce A divorce (talaq) is the right of the husband under Islamic law. The husband can dissolve the marriage by pronouncing talaq verbally or in writing, following the legal procedure defined by the Muslim Family Laws Ordinance, 1961. Once talaq is pronounced, the husband must send a written notice of divorce to the Chairman of the Union Council where the marriage was registered. The Chairman then forms an Arbitration Council to attempt reconciliation between the couple. If reconciliation fails within 90 days, the divorce becomes effective, and the Union Council issues an official divorce certificate. Khula Khula is the right of a wife to seek separation through the court when she can no longer live with her husband within the limits of marriage. Unlike divorce, the wife cannot unilaterally end the marriage; she must apply for khula through a Family Court. Khula is based on the Quranic principle that if a woman fears she cannot fulfill her marital duties or maintain harmony, she can seek separation in return for returning her mahr or dowry. In short: Divorce is initiated by the husband. Khula is initiated by the wife through a legal process. Both end the marriage, but through different legal authorities and procedures. Legal Procedure for Khula in Pakistan The khula procedure in Pakistan is straightforward but must be handled carefully. The process is guided by the Family Courts Act 1964 and Islamic law. Here are the main steps: Filing the Khula PetitionThe wife files a khula application in the Family Court, explaining her reasons for wanting separation such as incompatibility, abuse, neglect, or lack of mutual respect. She must state that she can no longer live with her husband “within the limits prescribed by Allah.” Notice to Husband and Reconciliation AttemptThe court issues a notice to the husband, inviting him to appear. The judge then makes an effort to reconcile the couple. The law encourages reconciliation before final separation. Failure of ReconciliationIf reconciliation efforts fail, the court proceeds with the case. Both parties are given an opportunity to present their statements and evidence. Return of Mahr (Dowry)Generally, the wife must return the mahr (dower) that she received from her husband at the time of marriage. However, the court can adjust or waive this depending on the circumstances for example, if the husband was abusive or negligent. Decree of KhulaOnce satisfied that the marriage cannot continue, the Family Court issues a Decree of Khula, formally dissolving the marriage. Registration with Union CouncilAfter receiving the decree, the wife or her lawyer must send a copy to the Chairman Union Council for official registration. The Council issues a Divorce Certificate within 90 days, confirming the legal end of marriage. The process usually takes 2–6 months, depending on case complexity and cooperation from both parties. Rights of Wife and Husband After Khula Khula ends the marital relationship but does not erase the legal rights of either spouse. The law protects both parties’ interests after separation. Rights of the Wife Maintenance Before Khula Finalization:The wife has the right to maintenance during the marriage and until the iddat period ends (approximately three menstrual cycles or 90 days after khula). Return of Personal Property:All personal belongings, gifts, jewelry, or assets owned by the wife remain her property. Custody of Children:Khula does not automatically affect child custody. The Family Court decides custody separately, prioritizing the welfare of the child. Mothers usually get custody of young children under the hizanat principle. Dowry (Jahez):The dowry provided by the wife’s family remains hers. It is not subject to return unless proven otherwise in court. Right to Remarry:After the iddat period, the woman is free to remarry if she wishes. Rights of the Husband Return of Mahr:In most khula cases, the husband is entitled to the return of mahr that he gave at marriage. However, this depends on the circumstances. Visitation and Custody Rights:Even if the wife gets custody of children, the husband retains visitation rights. He also remains responsible for the financial support of his children. Closure of Financial Obligations:Once khula is finalized and mahr is settled, the husband has no further financial obligations toward his ex-wife (except child maintenance). The law aims to ensure fairness while respecting both parties’ dignity and rights. Dowry and Mahr Return Rules Understanding the difference between dowry and mahr is important when discussing khula or divorce in Pakistan. Mahr (Dower):This is a mandatory payment or gift from the husband to the wife at the time of marriage. It can be in cash, property, or any valuable item. During khula, the wife may be required to return the mahr as a condition for separation. Dowry (Jahez):Dowry usually consists of gifts, clothes, furniture, and items given by the bride’s family. The dowry remains the property of the wife, and the husband has no right to claim it back. In cases of dispute, the court carefully distinguishes between mahr and dowry to ensure neither party is unfairly treated. If the husband has withheld mahr payments or confiscated dowry items, the
Complete Guide to Child Custody Laws in Pakistan
Child Custody Laws in Pakistan Introduction When a marriage ends, one of the most sensitive and challenging issues is deciding who will take care of the children. Child custody in Pakistan is not just about who a child lives with, but who is responsible for their upbringing, education, and overall welfare. The law focuses on the best interest of the child above all else. In Pakistan, child custody issues arise after divorce or khula. Both parents have rights, but those rights are governed by Islamic principles and local laws such as the Guardian and Wards Act, 1890. Understanding these laws helps parents make informed decisions and avoid unnecessary disputes in court. This article explains the child custody law in Pakistan, the rights of the mother and father, the age limits that affect custody decisions, and how Law of Lawyers can assist you in navigating your case effectively. What is Child Custody Law in Pakistan Child custody law in Pakistan determines who will have the legal and physical responsibility for a child after the parents separate or divorce. The law considers two main aspects: Legal Custody: The right to make important decisions about the child’s life, such as education, health care, and religion. Physical Custody: The right to keep the child with one parent, meaning where the child lives and who provides daily care. In Pakistan, custody cases are governed primarily under the Guardian and Wards Act, 1890. Islamic law also plays a major role in determining the guardianship (wilayat) and custody (hizanat) of children. The courts always aim to protect the welfare of the child rather than the wishes of either parent. The principle guiding every custody decision is the “welfare of the minor.” This means the court examines who can best provide emotional, educational, and moral support. Financial stability, living environment, and the parent’s character are all key factors the court considers before making a decision. Custody Rights of Mother and Father Mother’s Rights Under Islamic law, the mother has the first right to custody of young children, especially minors who need constant care. This right is called hizanat. The courts usually favor the mother for early childhood years because she is considered better suited for nurturing and emotional support. The general understanding is: The mother has custody of the son until the age of 7. The mother has custody of the daughter until she reaches puberty. However, these age limits are not absolute. The court may decide differently based on what is in the best interest of the child. For instance, if the mother remarries someone not related to the child by blood, custody can be transferred to the father if the court believes it benefits the child’s welfare. Father’s Rights The father is considered the natural guardian of the child under Islamic and Pakistani law. Guardianship mainly covers the child’s property, education, and financial matters. After the mother’s right of hizanat ends, the father usually gets physical custody. However, the father’s right is not automatic. The court assesses his ability to provide a stable home and emotional care. If the father is proven unfit due to neglect, abuse, or misconduct, custody can be denied. The father remains responsible for the child’s financial support even if custody is not granted to him. Both parents retain visitation rights. The non-custodial parent can meet the child regularly, and the court ensures that these meetings happen in a healthy environment. Age Limit for Custody in Pakistan The age of the child is an important factor in custody decisions. While the general rule follows Islamic principles, the courts make decisions case by case. Common practice based on precedent: Sons: Custody with the mother until 7 years old, after which custody often shifts to the father. Daughters: Custody with the mother until puberty, but the court may extend it if it serves the child’s welfare. These are not fixed legal limits but guidelines. For example, if a father can prove that the mother cannot properly care for a child under 7, the court may award him custody earlier. Similarly, if the child prefers to stay with the mother after age 7 or puberty and it benefits the child, the court may allow it. The key takeaway is that the welfare and happiness of the child outweigh any strict age-based rule. Custody After Divorce or Khula Custody After Divorce When a couple divorces, the custody issue arises immediately. The court examines both parents’ circumstances and prioritizes the child’s well-being. Divorce does not automatically give custody to one parent; it is always a matter for the court to decide. After divorce: The mother often gets initial custody, especially for young children. The father is usually granted visitation rights and remains financially responsible. If circumstances change for example, if the mother remarries, moves abroad, or is proven unfit the father can apply for custody through the Guardian Court. Custody After Khula When a woman seeks separation through khula (a woman-initiated divorce under Islamic law), custody is treated similarly. Khula does not remove the mother’s right to hizanat. The court evaluates her living conditions, remarriage status, and emotional capability to care for the child. Many mothers assume they will automatically lose custody after khula, but this is not true. Pakistani courts often allow the mother to keep custody of young children if it is in their best interest. However, the father retains guardianship rights and must continue financial support. The guiding rule in both divorce and khula cases is clear: the child’s welfare comes first. Case Laws and Examples Several court judgments in Pakistan highlight how custody decisions focus on the child’s welfare rather than rigid rules. Case Example 1: In Abdul Rehman v. Shakeela Bibi (PLD 2003 Lahore 155), the court emphasized that the welfare of the minor is the supreme consideration, even if it means going against traditional custody age limits. Case Example 2: In Mst. Shahida v. Muhammad Iqbal (PLD 2009 Lahore 89), the court granted custody to the mother despite her remarriage
