Lawyers in Islamabad

There is no appeal to a consent decree. It is perhaps the most common kind of decree which has no appeal. As a general rule all the decrees are appealable while all the orders are revisionable unless specifically mentioned in the law. A consent decree is the one in which parties to the suit comes to a settlement. They either present a settlement deed or they give statement in the court of law. On the bases of provisions of settlement between the parties, the court decrees the suit. In a consent decree the judge cannot complete the trial. When parties agree to end the suit through settlement at any stage, the court is bound to decree the same. Parties giving consent to the provisions of settlement cannot disagree at later stages. Since everything decided between the parties is settled according to their own free consent, they cannot appeal the decision of court afterwards. Regards, Salman Yousaf Khan (Golra) International Lawyer +92-333-5339880

According to Islam a wife is entitled to receive her haq mehr in case if she is divorced by her husband. Haq mehr is not the only thing which the wife takes home in case of divorce. She is entitled for other things such as her dowry articles and gifts which she receive during the tenure of relationship. Often it happens that when the husband divorces his wife, she leaves the house of husband immediately in single clothes. Her suitcases, jewelry, dowry articles and other belongings remain in the house of husband unless the parties come to an understanding later on. The wife is entitled to receive everything belonging to her lying in the house of her husband. The things gifted to her during the time of relationship belong to her. Gift in islamic law can never be taken back by the person gifting. So it is best to return gifts and all other belongings to the girl once she is divorced. In order to remove further disputes it is best to handover everything through proper legal channel.

In cases of divorce people are usually concerned what to return to the girl and what not. According to Islamic Law and Pakistani Law two things belong to the wife in case of divorce. One is the haq mehr which is according to Nikahnama. The other thing are the gifts which are given to the girl.  Gift in Islamic Law are never taken back by the person gifting them. According to Islam a person who takes the gift back is like a dog that vomits and eats the vomit afterwards. So it is not reasonable for a muslim to take the gifted items back from the girl when she is divorced.  Divorce is something not liked by Allah. Divorce is Halal but the most unlikely thing in the Halal things. It is best that the husband and wife compromise to live together once they are married unless they have no other option then to leave each other. If you have any query related with Divorce in Islamic Law or any other issue related with Family laws you can contact internationallawyerinfo@gma

When plaintiff fails to produce evidence in the court after given proper opportunity to be heard the suit of plaintiff is dismissed under order 17 rule 3 of Code of Civil Procedure 1908. This dismissal can be done by a court in the presence or absence of the plaintiff. When a suit is dismissed on the non production of evidence, it cannot be restored by the court dismissing it. There is no appeal against the dismissal of same order by the court. The only remedy against such dismissal order is revision which is filed in the appellate court. Revision is filed under section 115 of the Code of Civil Procedure. In revision to such dismissal the appellate court has powers to either dismiss the revision or accept the same. When revision petition is accepted the suit is restored and plaintiff is given opportunity to provide evidence in the court accordingly. If you have any query related to any suit you can contact internationallawyerinfo@gmail.com Regards, Salman Yousaf Khan (Golra) In

According to section 12-A of the West Pakistan Family Courts Act 1964, the family judge shall decide a family case within 6 months. Generally, majority of the family cases are decided within this stipulated time. However, few cases are not dealt in the manner prescribed by law because of many reasons. In case if litigation in a family suit takes more than 180 days time, the litigant should approach the High Court immediately without wasting any time. In routine matters, High Court easily give direction for disposal of family suits within a month or two in cases where the litigation runs more than 6 months. If you case is pending for more than six months, do contact us at lawyergolra@gmail.com for proper assistance. Regards, Salman Yousaf Khan (Golra) International Family Lawyer +92-333-5339880 

It is settled principle that a mother is not eligible for the custody of minor if she contracts second marriage. This principle is extracted from Islamic Shariah and is applicable on the courts of Pakistan. However, a fact is that the Guardianship Courts in Pakistan are governed by two statutes mainly. One of them is the Guardians and Wards Act, 1890 while the other is the West Pakistan Family Courts Act, 1964. The West Pakistan Family Courts Act 1964 and the West Pakistan Family Courts Rules are the procedural laws governing the procedure of guardianship cases. Similarly the Guardians and Wards Act 1890 is the main enactment under which the Guardian Judges are bound to decide Guardianship Cases. According to the provisions of the Guardians and Wards Act 1890 the Guardian Judge has to give paramount importance to the Welfare of Minor before deciding Guardianship Petition. That is the basic criterion. For more consult at lawyergolra@gmail.com Regards, Salman Yousaf Khan (Golra)