Custody & Child Maintenance Dispute:
If you wish to resolve the case of custody of children in Pakistan or child maintenance dispute you may contact Jamila Law Associates. The Child Maintenance Law in Pakistan is very clear and favor in Wife. The case was on 15 application applications for grant maintenance allowance by ex-wife before chairman Arbitration Council is divergent in the case of custody of children in Pakistan or child maintenance dispute.
Family Court Law:
In the case of Ghulam Jilani’ it held it t since section 9 of the Muslim Family Laws Ordinance, 1961 is a valuable piece of legislation. It construed keeping view the object for which it was enacted, i.e., to provide a remedy to the woman for recovering maintenance from their husband before a domestic forum free from all legal formalities and that the ex-wife could maintain an application under section9 of the Ordinance because the liability of maintenance having once accrued in the case of custody of children in Pakistan or child maintenance dispute.
It could order its recovery through provisions of this Ordinance. His Judgment was based on the case of Muhammad Najeeb, two decided by the Humble Supreme Court holding, a divorced wife undergoing an Iddat period is entitled to claim maintenance from her husband for a period when wedlock was intact and also for iddat period. In another case, it held it that wife’s application for maintenance u/s nine before Arbitration Council is reasonably competent to claim maintenance for the period when the marriage of parties subsisted even when such application brought by her after divorce.” Chairman Arbitration Council has jurisdiction to decide the application of ex-wife for grant of maintenance for the period during which marriage subsisted. He is further competent to award different quantum of care for different periods.
Custody of Children in Pakistan:
Regarding the the case of custody of children in Pakistan or child maintenance dispute an ex-wife is entitled to claim maintenance up to the expiry of the iddat period; once she obtains a decree for dissolution of marriage based on khula, she cannot claim maintenance beyond the iddat period. When an ex-wife makes an application for maintenance regarding the period when the wedlock was intact, and for the iddat period, it would be made by the so-called divorced wife and covered by the word “wife” as contained in S. 9.
The husband’s obligation to maintain the wife commences simultaneously with the creation of marital ties and is an obligation and not an ex gratia grant in the case of custody of children in Pakistan or child maintenance dispute. It can be enforced about the past period of married life if the wife does not claim within that period. Once a liability on account of maintenance has accrued, it can recover it in the manner provided in S. 9 of the Muslim Family Laws Ordinance, 1961.
where the marriage is dissolved; the wife can lawfully claim maintenance till the dissolution of the wedding as well as for the iddat period.” The other view is that Chairman Arbitration Council loses jurisdiction to entertain, adjudicate, or decide the application in the case of custody of children in Pakistan or child maintenance dispute by ex-wife for grant of maintenance allowance, was approved in Muhammad Zarif v. Mst. Safia Bibi. And Mst. Shabnum Rasheed v. District Collector.