Family Court Case Procedure in Pakistan for Women
- The Muslim Family Court Act 1964 provides the complete procedure regarding how a case will be dealt with by the Family Courts.
- The Family Courts in Pakistan provide a speedy remedy to applicants who file family-related issues before the court. The maximum time period provided by the law is six months. Any case filed before the Family Court is required to be finalized by the Family Judge within a period of six months.
- The Family Court deals with cases of Khula in Pakistan, cases of dower, dowry, maintenance, and other family matters. Cases of child custody in Pakistan are also filed before the Family Court. In short, all family-related issues can be filed before the Family Court.
Generally, there are six stages of the Family Court case procedure in Pakistan for women. The stages are mentioned below.
- Filing of Case
If a female wants to file a case before the Family Court, she needs to hire the services of a lawyer who will draft the case and file it before the Family Court.
You need to provide all the relevant documents and information to the lawyer, and the rest of the job is the responsibility of your lawyer to draft the case and get it filed before the Family Court.
The requirements of every case are different; therefore, it is always recommended to consult your lawyer first.
- Notice to other party
When someone files a case in the court the court informs the other party or parties about the case.
To inform the other parties, the court will issue notices informing them that a case has been instituted against them. If the other party wants to contest the case, they must appear before the court either personally or through a lawyer.
- Written Statement
After the notices are served upon the other parties, if they wish to appear before the court, the first step the defendants will take is to file their written statement before the court.
If they have any issue, objection, or defense, they must submit it in writing before the court.
In case the defendant party does not appear before the court after the issuance of notices, the court will proceed with the case ex parte. Ex parte proceedings mean to proceed the case in the absence of the other party.
- Reconciliation Stage
At the reconciliation stage, instead of immediately proceeding with complex procedural work, the court will first try to reconcile the matter between the parties specially in the case of khula and divorce in Pakistan.
The law requires that the Family Court or the Family Judge should make some efforts to bring about reconciliation between the parties.
The court though cannot force the parties to reconcile; however, it can facilitate them if they wish to settle the matter at the pre-trial stage.
- Evidence Stage
If reconciliation does not take place between the parties, or in the case of ex parte proceedings, the court will ask the petitioner to provide relevant evidence before the court.
Any case filed before the Family Court must be proved before the court through proper evidence. In order to prove your case, you need to submit both oral and documentary evidence.
You may consult your lawyer regarding how to tender evidence before the court.
- Court Judgment
Once the evidence is submitted before the court, and if your lawyer convinces the court that the matter before it is true and correct, and presents strong arguments before the judge, then the judge will issue a judgment in the case.
It is always recommended to hire the services of an experienced and professional lawyer who knows the law very well and can help you obtain a favorable court judgment.
Our law firm deals with all kinds of Family Court case procedures in Pakistan for women. We are experts in family cases and also deal with marriage-related issues.
You can also contact our law firm for the services of court marriage in Pakistan.