Last Updated on March 17, 2023 by Ahmad Shahzad
Resolve Child Custody Dispute
If you wish to resolve child custody dispute by family lawyer in Pakistan, you may contact Jamila Law Associates. Intent and purport of maintenance allowance to a minor child enable her to continue living at least in the same State of affairs as the child before separation from the parents for child custody dispute by family lawyer in Pakistan.
It would be quite unjust and against the norms of decency if the child has to relegate to a lower living standard due to separation amongst the parents. She has declined the level or standard of education achieved by him her before such happening 1.e. separation of parents. At the same time, there is no escape from the fact that the father’s financial status must also be considered while awarding maintenance.
Maintaining his child was the father’s obligation, and it could not absolve his responsibility merely because the mother was a hearing hand. Neither the father was stated to be neither needy nor incapable of earning for child custody dispute by family lawyer in Pakistan. Mother of minors contended that payment of interim maintenance was outstanding for long. Held, Appellate Court directed the father to pay temporary care as well as exceptional maintenance.
Therefore the appeal was to be fixed, but he failed to comply with the order. The question to be determined by High Court was “whether the appellate court was justified in passing a conditional order, could appellate court dismiss the appeal without deciding the same on merits.” The record revealed that the appellate court’s order regarding payment of interim maintenance was not conditional for child custody dispute by family lawyer in Pakistan. It was not mentioned in the said order that its non-compliance would construe the dismissal of the appeal. It set order of appellate court aside, and the case was remanded for decision afresh.
Family lawyer in Pakistan
Point is an old one for child custody dispute by family lawyer in Pakistan, and it directed involved maintenance of minors Appellate Court to decide the appeal expeditiously. Father was required to pay maintenance allowance in compliance with the order of the Family Court. Nevertheless, it must point out that if in this process any existing rights are affected or the giving of retroactive operation cause, On the other hand. The combined effect of sections 5 and 20 of the Act is clearly to provide exclusive jurisdiction to the Family Courts without, in any way, diminishing or curtailing the rights already possessed by a litigant about the scheduled matters on child custody dispute by family lawyer in Pakistan. Looking at the provisions as a whole all that the Family Courts act has done is change the forum, alter the trial method, and empower the court to grant better remedies. Thus, it has brought about only procedural changes in every sense of the term and has not affected any substantive right.
Thus two clear indications emerge from the decision: firstly, the exclusiveness of the jurisdiction of the Family Court, in so far as all procedural matters are concerned in connection with the Schedule matters; and secondly that the same did not affect the substantive right of the party, which is course would continue to be governed by the substantive law governing person or the situation of child custody dispute by family lawyer in Pakistan.
Child Custody Dispute: Understanding the Father’s Obligation in Pakistan
Regarding a child custody dispute in Pakistan, it is important to understand the father’s obligation to maintain his child, even if the mother is financially independent. The maintenance allowance for minor children intends to enable them to continue living in the same standard of living they had before their parent’s separation. The father’s financial status must be considered when awarding maintenance.
However, it is also important to note that the exclusivity of the jurisdiction of the Family Court in procedural matters does not affect the substantive right of the party, which is governed by substantive law. Any existing rights must not be affected or retroactively operated upon.
In a recent case, an appellate court directed a father to pay temporary and exceptional maintenance to the mother of minors. The High Court emphasized the importance of the appellate court deciding the appeal expeditiously and upheld the exclusivity of the Family Court’s jurisdiction in procedural matters.
Suppose you are facing a child custody dispute in Pakistan. In that case, it is important to seek the assistance of a family lawyer who can guide you through the legal process and help protect your rights. Jamila Law Associates is a law firm specializing in family law and can assist you in resolving your child custody dispute.