MUSLIM FAMILY LAW ACTS

(b) You are working as a Judge of a Family Court. A suit for maintenance is presented. before you. On the
date of the first appearance of the defendant you are required to fix interim monthly maintenance for

wife and children, Please write an interim order for maintenance. (Note: In
the order you can write down the facts and circumstances. as you wish) (CJ-2019)

You
Whether the Family Court mandatorily requires to forthwith pass the decree of dissolution of
marriage, by way of Khula, when reconciliation fails without adverting to or calling for the evidence
despite cruelty was one of the grounds alleged for Khula claimed. Explain according muslim family
laws of Pakistan
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In Pakistan, under Muslim family laws, the procedure for obtaining a decree of dissolution of
marriage (Khula) involves certain steps and considerations, and the Family Court is expected to
follow due process. If reconciliation efforts fail, the court may proceed with the dissolution of
marriage, but it is not mandated to do so without considering evidence, especially when cruelty is
alleged as one of the grounds for Khula.

Muslim Family Laws in Pakistan:

1. Reconciliation Attempts:
 Before granting Khula, the court is obligated to make efforts for reconciliation between the
spouses. This involves appointing a conciliatory council and allowing a waiting period (iddat)
to provide an opportunity for reconciliation.
2. Evidence and Grounds:
 If reconciliation efforts prove unsuccessful, the court is required to consider the evidence
presented by the parties. Cruelty is recognized as a valid ground for seeking Khula, and the
court would typically assess the evidence and circumstances surrounding the claim of cruelty.
3. Judicial Discretion:
 The Family Court has discretion in deciding whether to grant Khula based on the facts and
evidence presented. It is not obliged to automatically grant the decree without a proper
assessment of the grounds and supporting evidence.
4. Procedure:
  The court should follow the established legal procedure, ensuring that both parties have the
opportunity to present their case, respond to allegations, and provide evidence. This includes
addressing issues such as cruelty raised by the party seeking Khula.
5. Legal Representation:
 Both parties have the right to legal representation, and the court should consider all relevant
legal provisions, including those related to cruelty, in making its decision.

Conclusion: In summary, while reconciliation is an integral part of the process, the Family Court is
not mandated to automatically grant a decree of Khula without considering evidence, especially
when cruelty is alleged. The court is expected to follow due process, assess the evidence presented,
and make a decision based on the merits of the case. The discretionary powers of the court are
exercised in accordance with the principles of justice, equity, and the specific circumstances of each
case in line with Muslim family laws in Pakistan.

You
Whether the courts enforcing the decrees of the Family Courts are entitied and competent to
entertain applications for transfer of execution proceedings and pass appropriate orders. Discuss this
statement in the light of the powers conferred and available to the Courts enforcing decrees in terms
of section 13 read with section 25A of the Family Courts Act 1964 and rules framed thereunder.
Explain according to muslim family laws of Pakistan
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In Pakistan, the enforcement of decrees from Family Courts and the power to transfer execution
proceedings are regulated by the Family Courts Act 1964, particularly Sections 13 and 25A, along
with rules framed under this act.

Section 13 of the Family Courts Act 1964: Section 13 of the Family Courts Act pertains to the
execution of decrees and orders passed by Family Courts. It empowers the Family Court to issue
processes for the attachment of property, and it also provides for the enforcement of maintenance
orders as arrears of land revenue.

Section 25A of the Family Courts Act 1964: Section 25A was inserted into the Family Courts Act to
address the transfer of cases. While it primarily deals with the transfer of suits, proceedings, or cases
from one Family Court to another, its language and intent can also be extended to cover the transfer
of execution proceedings.

Powers to Transfer Execution Proceedings: Courts enforcing decrees from Family Courts are
indeed entitled and competent to entertain applications for the transfer of execution proceedings.
This is supported by the following considerations:

1. Section 13 of the Family Courts Act:

 Section 13 provides the Family Courts with broad powers for the execution of decrees. The
court enforcing a decree has the authority to take various measures, including the
 attachment of property. This suggests that the court has the inherent power to manage and
supervise the execution proceedings.
2. Section 25A:
 While Section 25A primarily deals with the transfer of suits or proceedings, its general
language could be interpreted to include the transfer of execution proceedings. The court
enforcing the decree may, if needed, transfer the execution proceedings for various reasons
such as convenience, fairness, or proper administration of justice.
3. Rules Framed Under the Act:
 Rules framed under the Family Courts Act may provide additional guidance and procedures
regarding the transfer of execution proceedings. These rules can empower the courts to
entertain applications for transfer and pass appropriate orders in line with the principles of
justice and equity.

Conclusion: In conclusion, the courts enforcing decrees from Family Courts in Pakistan, in light of
Section 13 read with Section 25A of the Family Courts Act 1964 and the rules framed thereunder,
have the authority to entertain applications for the transfer of execution proceedings. The court's
powers are derived from the legislative framework, and the discretion to transfer proceedings is
exercised based on the circumstances and principles of justice.

You
Marriage between Abu Bakar and Rakhshanda solemnized in England. After
few years. differences arose between the spouses and resultantly they started
living separately in England. Subsequently, Rakhshanda came to Lahore on 8th
May, 2017 and instituted suit seeking decree for dissolution of marriage
before the Family Court in Lahore. She also authorized her brother through
Special Power of Attorney to pursue the case on her behalf before the Family
Court. On 2nd June, 2017 Rakhshanda left for England. Abu Bakar through an
application questioned the jurisdiction of the Family Court. Discuss whether
the objection of Abu Bakar is valid according to muslim family court act 1964.
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The objection raised by Abu Bakar questioning the jurisdiction of the Family
Court in Lahore, Pakistan, based on the Muslim Family Laws Ordinance, 1961
(now the Muslim Family Courts Act, 1964), involves considerations of
jurisdiction in international family law matters. Let's examine the relevant legal
aspects:

Muslim Family Courts Act, 1964:

 1. Jurisdiction of Family Court:

 According to the Muslim Family Courts Act, 1964, a Family Court in Pakistan
has jurisdiction to entertain suits for dissolution of marriage where the parties
are Muslims, and the wife is residing in Pakistan at the time of instituting the
suit.

2. Applicability of the Act:

 The Act applies to Muslims domiciled in Pakistan, irrespective of whether the

marriage was solemnized within or outside Pakistan.

Analysis of the Scenario:

1. Place of Residence:

 Rakhshanda instituted the suit for the dissolution of marriage after coming to
Lahore. If she was residing in Lahore at the time of filing the suit, the Family
Court in Lahore would have jurisdiction under the Act.

2. Special Power of Attorney:

 Rakhshanda, by authorizing her brother through a Special Power of Attorney,

essentially designated a representative to pursue the case on her behalf.
However, the critical factor is whether she met the residency requirement
under the Act.

3. Time of Filing the Suit:

 If Rakhshanda was physically present in Lahore on 8th May, 2017, when she
instituted the suit, the jurisdiction of the Family Court would likely be valid,
and her subsequent departure to England may not affect the court's
jurisdiction.

4. Domicile and Nationality:

 The Act applies to Muslims domiciled in Pakistan. The issue of domicile is
distinct from residence. If Rakhshanda is a domiciled Muslim of Pakistan, the
Act would likely apply.

Conclusion:
If Rakhshanda was physically present in Lahore at the time of filing the suit for
dissolution of marriage and meets the residency requirement under the
Muslim Family Courts Act, 1964, the objection raised by Abu Bakar challenging
the jurisdiction of the Family Court may not be valid. The Act extends its
jurisdiction to Muslims domiciled in Pakistan, irrespective of where the
marriage was solemnized. Additionally, the act of leaving for England after
filing the suit may not necessarily impact the court's jurisdiction if the suit was
properly instituted when she was present in Lahore. The precise details of
Rakhshanda's residency and domicile would need to be examined to
determine the validity of Abu Bakar's objection.

You
If a Muslim male citizen of Pakistan is already married to a non- citizen
Muslim, can he marry another wife without getting consent of first wife?
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Under Islamic law and the Muslim Family Laws Ordinance, 1961, a Muslim man
in Pakistan is generally allowed to have up to four wives simultaneously.
However, the question of obtaining the consent of the first wife for
subsequent marriages is a matter of interpretation and may vary based on
different legal and cultural perspectives.

In Islam, the Quran permits polygamy under certain conditions but

emphasizes the importance of justice and fairness among multiple wives. Here
are key considerations:

1. Consent of the First Wife:

 While some scholars argue that it is preferable for a man to seek the
consent of his existing wife or wives before marrying again, Islamic law
 does not explicitly mandate such consent. However, the principles of
justice, fairness, and the financial and emotional well-being of all wives
are emphasized.
2. Conditions for Polygamy:
 Islamic law allows polygamy, but it imposes conditions, such as the
ability to treat all wives justly and equitably. The Quran states, "then
marry those that please you of [other] women, two or three or four. But
if you fear that you will not be just, then [marry only one]" (Quran, 4:3).
3. Notification Requirement:
 Under the Muslim Family Laws Ordinance, 1961, a man is required to
give written notice to the local Union Council and seek their permission
before contracting another marriage. Failure to comply with this
requirement may result in penalties.
4. Legal Consequences:
 If a man fails to fulfill the conditions of justice and fairness among his
wives, and if the existing wife can prove mistreatment or injustice, legal
consequences may arise. The court may intervene to ensure fairness and
justice in the treatment of all wives.

It's important to note that interpretations and practices may vary, and
individuals should consult with local Islamic scholars or legal experts for advice
specific to their circumstances. Additionally, legal requirements, including
those outlined in the Muslim Family Laws Ordinance, must be followed to
ensure compliance with Pakistani law.

You
Please discuss the procedure prescribed under the Muslim Family Law
Ordinance, 1961 for Talaq. Please opine: whether the woman while exercising
delegated right of divorce, is required to send a notice to the union council of
a place where she resides or to a union council where the marriage was
registered as required under the relevant statutory provisions of the Muslim
Family Laws Ordinance, 1961 read with the rules framed there under?
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 The Muslim Family Laws Ordinance, 1961, provides a legal framework for
matters related to marriage and divorce among Muslims in Pakistan.
Regarding the procedure for Talaq (divorce) and the requirement for notifying
the Union Council, the relevant provisions can be found in Section 7 of the
ordinance.

Procedure for Talaq under Muslim Family Laws Ordinance,

1961:
1. Notice of Talaq by Husband (Section 7):

 If a husband wishes to divorce his wife, he is required to give notice in writing

to the chairman of the Union Council.

2. Notice by Delegated Authority (Section 7(2)):

 The husband may delegate his power of pronouncing Talaq to his wife or any
other person. If the wife is delegated the right of Talaq, she may, in the event
of a dispute, give notice to the chairman of the Union Council.

3. Mandatory Waiting Period (Iddat) (Section 7(3)):

 After the notice is received by the chairman of the Union Council, a mandatory
waiting period (Iddat) of ninety days is prescribed before the divorce becomes
effective.

4. Effect of Non-Compliance (Section 7(5)):

 Failure to observe the waiting period (Iddat) without reasonable cause may
result in the penalty of imprisonment and fine for the husband.

5. Record-Keeping (Section 7(6)):

 The chairman of the Union Council is required to provide a copy of the notice
to the wife and forward a copy to the Arbitration Council.

6. Arbitration Council's Role (Section 8):

 The Arbitration Council may attempt reconciliation between the parties during
the Iddat period.

Opinion on Sending Notice:

Regarding the woman's exercise of the delegated right of divorce and the
notice requirement:

1. Notice to the Union Council:

 When a woman exercises the delegated right of divorce, she is required
to give notice to the chairman of the Union Council where she resides.
The notice should be sent to the Union Council of the place where the
woman is currently residing.
2. Union Council of Marriage Registration:
 While the ordinance specifies the notice to the chairman of the Union
Council where the woman resides, there is no explicit requirement to
notify the Union Council where the marriage was registered. The focus is
on the woman's current place of residence.
3. Compliance with Statutory Provisions:
 To ensure compliance with the statutory provisions of the Muslim Family
Laws Ordinance, 1961, it is essential to follow the specified procedures,
including giving notice to the relevant Union Council where the woman
is residing.
4. Legal Assistance:
 Individuals seeking to exercise the delegated right of divorce should
consider seeking legal advice to ensure proper compliance with the
statutory provisions and procedural requirements.

In conclusion, the woman exercising the delegated right of divorce should

send the notice to the chairman of the Union Council where she currently
resides, as required under the Muslim Family Laws Ordinance, 1961.