👪 Family Law in Pakistan – Complete Overview
Family law in Pakistan governs personal matters like marriage, divorce, maintenance, child custody, inheritance, and guardianship. It is mostly based on Islamic principles for Muslims, with some statutory laws, and customary or personal laws for non-Muslims.
⚖️ 1. Key Statutes Governing Family Law in Pakistan
| Law | Description |
|---|---|
| Muslim Family Laws Ordinance, 1961 | Regulates marriage, divorce, maintenance, polygamy |
| West Pakistan Family Courts Act, 1964 | Establishes Family Courts for personal disputes |
| Child Marriage Restraint Act, 1929 | Sets minimum age for marriage |
| Guardian and Wards Act, 1890 | Governs child custody and guardianship |
| Christian Marriage Act, 1872 & Divorce Act, 1869 | Apply to Christians |
| Hindu Marriage Act, 2017 | Applies to Pakistani Hindus |
| Succession Act, 1925 | Applies to inheritance for non-Muslims |
👫 2. Marriage Laws
A. For Muslims
Marriage is a civil contract, called Nikah
Must be registered with the Nikah Registrar
Conditions:
Free consent of both parties
Minimum age: 18 (male), 16 (female) (Child Marriage Restraint Act)
Presence of two adult Muslim witnesses
Mehr (dower) must be specified
B. Polygamy
A Muslim man may marry up to four women with permission from the Arbitration Council
Must obtain written consent from existing wife/wives
Failure may result in fine or imprisonment under MFLO 1961
🔖 3. Divorce & Khula
A. Talaq (Divorce by Husband)
Must pronounce clearly and send notice to Union Council
Council issues notice to wife and forms an Arbitration Council
Divorce becomes effective after 90 days
If no notice is given, the divorce is invalid in law
B. Khula (Divorce by Wife through Court)
Wife files suit in Family Court
Must show incompatibility or harm
May return mehr to husband
Court grants decree after attempts at reconciliation
C. Other Forms:
Talaq-e-Tafweez: Right of divorce delegated to wife
Judicial Divorce: On grounds like cruelty, impotence, non-maintenance, etc.
👶 4. Child Custody and Guardianship
Governed by the Guardian and Wards Act, 1890
Mother usually gets custody of minor children (especially daughters)
Father remains legal guardian
Court considers welfare of the child as the top priority
Custody may shift to father or others depending on circumstances
💸 5. Maintenance (Nafaqa)
Husband must provide maintenance (food, clothing, shelter) to wife and children
Wife can file a Family Court suit if denied maintenance
Children are entitled to maintenance till:
Boys: until adulthood or completion of education
Girls: until marriage or self-sufficiency
🏛️ 6. Family Courts in Pakistan
Established under the West Pakistan Family Courts Act, 1964, these courts handle:
Marriage & divorce disputes
Maintenance
Custody and guardianship
Dower and dowry
Restitution of conjugal rights