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FAQs

Family Laws

Which documents are required to file a suit for dissolution of marriage?

Nikah Nama (Marriage certificate), Copy of utility bill where the plaintiff is residing, CNIC Copies of two witnesses, and 2 passport size photo graphs.

How many times plaintiff needs to visit the court on hearings?

On every hearing the appearance of plaintiff is not required. The plaintiff needs to come only for two to three times in whole litigation process.

Can a Hindu lady file the suit for separation.

Yes but after spending one year of her marriage.

What is the procedure for filing the suit for separation according to Hindu Religion?

The Plaintiff shall file the suit for separation in concerned civil courts.

What is the procedure to file the suit for separation according to Christianity?

The suit for separation shall be filed by plaintiff in concerned civil court.

Child Custody

Up to which age the son can reside with her mother.

up the age of seven years but it depends on the welfare of the child.

Up to which age the daughter can reside with her mother.

up the age of puberty or 12, 13 years; after the age of 13 years the daughter can reside according to her wish and will either with father or with mother. Moreover, the maintenance shall be bear by the father.

Who shall bear the expenses of the children?

The Father shall bear all the expenses of the children.

Succession Matters

Who can file the Petition for Succession?

One of the Legal Heir of deceased can file the Petition for Succession.

Where the Petition can be filed for succession?

The Petition for Succession can be filed before concerned District Judge.

For which property the Petition for Succession can be filed?

The Petition for Succession can be filed for Movable Property as well as for Immovable Property of deceased.

At what time the Petition for Succession can be filed?

The Petition for Succession can be filed within three years after the death of deceased.

Why the legal heir needs the Succession Certificate?

The Succession Certificate is required to transfer the property of deceased and distribute it among the legal heirs.

Rent Matters

Where the Rent Application is filed?

The rent application is filed before concerned rent controller.

When rent application is filed?

The rent application is filed after notice served upon tenant by applicant/owner.

Which notice to be served upon tenant?

The notice for ejectment is served upon tenant.

What to do if the applicant/owner served the notice for ejectment upon tenant?

The tenant has to file Suit for Permanent Injunction before Concerned Civil Judge.

Illegal Dispossession

Where the Illegal Dispossession Application can be filed?

The Application for Illegal Dispossession can be filed before Concerned Session Judge.

Who can file the Application for Illegal Dispossession?

The application for Illegal Dispossession can be filed by the owner of property who owns the property at the time of dispossession.

NADRA Matters

Can I apply for change /correction of name.

Yes, the same could be applied before concerned Senior Civil Judge.

Can I apply for correction of father’s name.

Yes, the same could be applied before concerned Senior Civil Judge.

Can I apply for correction of my date of birth.

Yes, the same could be applied before concerned Senior Civil Judge.

Can I apply for change of gender/sex

Yes, but it requires concrete medical evidence in order to support your suit.

What is Writ petition

The part II Chapter 1 of the Constitution of Pakistan deals with the fundamental rights of a person and worship, cultural and educational right, son which provides right to life and liberty, equality before law, freedom of speech and expression, liberty of thought, fair trial and right against discrimination etc

whenever a person affected by any illegal act or omission of public officials or of any public office, he may approach the High court under article 199 of the constitution of Islamic republic of Pakistan  or supreme court under article 184 of the constitution of Islamic republic of Pakistan to issue the appropriate writ, however a person may approach the high court when there is infringement of fundamental right as well as legal right although supreme court entertains writ only in those cases where there is violation of fundamental rights. The writ petition may be invoked against private person who is acting illegal in partnership with any public authority.

What to do when police refuse to lodge FIR

Police officer is duty bound to lodge the FIR of cognizable offence but if the police officer refuses to lodge the FIR on the ground that the information given does not constitute cognizable offence or in his opinion the dispute is of civil nature then the report/complaint must be recorded in daily diary register by police officer and copy shall be supplied to the complainant so petitioner can file Petition Under Section 22-A Cr.P.C. along with the copy of complaint before the Justice of Peace of concerned district, he may ask to exercise powers under section 22-A to direct the police officer to register the FIR and investigate the case.

What is FIR First Information Report

It is a written document prepared by the police officer when the police officer receives information about the commission of a cognizable offence. It is a report of information is generally a complaint lodge with the police by the victim of a cognizable offence either someone on his/her behalf under section 154 of CrPC. Anyone can report the commission of a cognizable offence either orally or in writing to the police. It is the duty of police officer to lodge the FIR without any delay or excuses. It can be said that the regular procedure of criminal administration in Pakistan begins when a person lodges FIR under section 154 of CRPC

What is Cognizable offence

Cognizable offence is one in which the police may lodge the FIR under section 154 of CrPC and police may arrest the person without any warrant. They are authorized to start investigation into a cognizable offence on their own and do not require any orders from the court to do so.

What is Non-Cognizable Offence

Non-cognizable offence is one in which the police may register the complaint in daily diary and may report under section 155 of Cr. P. C and police may not arrest the person without any warrant. They are not authorized to start investigation into a non cognizable offence without the court’s permission.
A bailable offence is one in which bail is matter of right it may be either given by a police officer who is having the custody of Accused or by the concerned magistrate.
and non bailable offence is one in which granting of bail is not a matter of right the accused will have to apply to the court and it will be the discretion of the court.

What is General Power Attorney

General power attorney is a document which gives authority to a person, who gives the power is a principal/executant and to whom this power is given is an agent/attorney, it is simply signed by the parties and be notarized and witnessed. The power of attorney is used to give authority or represent or act on behalf of principal/executants in private affairs, business or some other legal matters. The Power of Attorney gives broad powers to an agent/attorney.

What Special Power Attorney

Special power attorney is a document which gives specific and certain authority to a person, who gives the power is a principal/executant and to whom this power is given is an agent/attorney, it is simply signed by the parties and be notarized and witnessed. The power of attorney is used to give authority or represent or act on behalf of principal/executants in specific legal matters. The Special Power of Attorney gives certain powers to an agent/attorney.

How to transfer the Property in Pakistan?

There are certain modes to transfer the property in Pakistan according to Transfer of Property Act 1882 defines certain modes to transfer the property.

Sale is a transfer of ownership in exchange for a price paid or promised.

Mortgage Section 58 of Transfer of Property Act 1882 defines that a mortgage is a transfer of interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability.

Lease Section 105 of Transfer of Property Act 1882 defines that a lease is a transfer of right to enjoy such property made for a certain time or in perpetuity in consideration of price paid or promised or of money.

Exchange when two persons mutually transfer the ownership of one thing for the ownership of another neither thing or both things being money only the transaction is called exchange.

Gifts Section 122 of Transfer of Property Act 1882 defines that the property as a transfer of certain existing movable or immovable property made voluntarily and without consideration by one person called the donor to another called the done and accepted by the done or on behalf of the done.

Transfer of actionable claim is a claim on which action can be initiated in a court of law for relief