Wednesday, 11 September 2019

Divorce is not necessary for Child Custody

It is not necessary for a husband to divorce his wife for obtaining child custody or guardianship from family court. Similarly it is not necessary for a wife to obtain khula or get divorce from husband for obtaining child custody or guardianship from court.

It is possible that the marriage of the parties remain intact and they contest custody or guardianship cases against each other. Child Custody of Guardianship has nothing to do with divorce or khula of spouses.

Child custody cases are governed under the provisions of section 12 and 25 of the Guardians and Wards Act 1890 while Guardianship cases are governed under the provisions of Section 7, 17 and 19 of the same act. For facilitation of parties these cases are conducted by the Family Courts under the provisions of the West Pakistan Family Courts Act 1964 and West Pakistan Family Courts Rules 1965.

For more you can contact lawyergolra@gmail.com

Regards,
Salman Yousaf Khan (Golra)
International Family Lawyer
+92-333-5339880

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Regards,
Salman Yousaf Khan
Chairperson
International Lawyer
+92-333-5339880