Thursday, 30 March 2017

Family Cases shall be decided within 6 months

According to section 12-A of the West Pakistan Family Courts Act, 1964, a family judge is bound to decide a family case within 6 months from the date of its institution. There is use of word "shall" in the statute which means that the judge doesn't have discretionary powers to linger on a family case.

If a family judge lingers on a family case for more than six months without any just reasons, a remedy gets created for the litigants. The litigants can approach the High Court under the provisions of section 12-A of the West Pakistan Family Courts Act, 1964 for redressal of their grievance.

A practice is that the litigants generally gets direction from High Court for day to day proceeding in such matters for disposal of the family case.

For more queries you can contact lawyergolra@gmail.com

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

Criminal Revision is not competent against Acquittal

When an accused is acquitted from a competent court of law, the only remedy available to accused party is under the provisions of section 417 of Criminal Procedure Code, 1898. According to section 417 only appeal can be filed before the High Court against the order of aquittal.

According to section 439(5) of Criminal Procedure Code 1898 criminal revision can only be filed in cases where there is no remedy of appeal available. Hence where the statute specifically provides remedy of appeal, criminal revision is not competent and non maintainable if filed.

For more information feel comfortable to contact lawyergolra@gmail.com or +92-333-5339880

Regards,
Salman Yousaf Khan (Golra)
Criminal Lawyer

Monday, 27 March 2017

Second Marriage of Wife in Guardianship Cases

According to Islam and according to Pakistani legal system, a wife becomes dis-entitled for the Custody of minor children if she marries another man. However, a fact is that there is no automatic procedure by virtue of which she remain disqualified from entitlement of physical custody of children.

If father likes to claim guardianship of minor children, he has to approach the Guardian Judge and apply for guardianship/custody of minor along with providing proofs of second marriage of ex-wife. The Guardianship/Custody petition will be decided in accordance with law and with the due process of law.

The point is that the second marriage of wife is only a ground for dis-entitlement of wife from retaining physical custody of minor children. The husband still has to contest and has to prove to the court of law that the welfare or minor rests with him and minor is willing to live happily with him and not with the mother.

For more queries you can always drop an email at lawyergolra@gmail.com

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

Contact International Lawyer

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