family lawyer in lahore pakistan

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What rights are available to wife after divorce?

This is the most common question which has been asked by many persons! While answering to it is important to mention here “wife’s rights are protected” under the Muslim Family Law in Pakistan.

Following are the list of rights available to the wife even after announcement of divorce by the husband or in case wife opt to dissolve marriage through process of court i.e., Decree of Khula.

1. Rights related to Dower or Haq Maher:

Dower/Haq maher is the amount of consideration which is pre-determined or agreed at the time of marriage between the husband and wife, Dower is recoverable upon demand by the wife during subsistence of the marriage or at the time when husband divorce wife.
There are two kinds of dower/Haq Maher:

I. Prompt Dower:

Prompt dower or otherwise referred to as “Moajal Haq Maher” is referred to as a certain amount of money which is paid by the husband to his wife at the time of Nikah Ceremony or Marriage.

II. Deferred Dower:

Deferred dower generally known as “Ghair Moajal Haq Maher” is the amount of money which is agreed between couple to be paid after consummation of marriage or Nikah. It is relevant to note wife after the Nikah at any time can demand payment of amount of Ghair Moajal Haq Maher and it is payable upon demand.

lll. Failure of husband to pay dower:

If the husband failed to pay dower amount after demand of payment raised by the wife, she can opt to recover amount of dower through family court established in Pakistan. Zahid Umar Law office is well known for assisting and to settle the claims related to family suit.

2. Maintenance right of wife:

It is duty of the husband to provide maintenance to wife during marriage, when wife is given divorce, she become entitled to maintenance for the period of Iddat i.e., 3 months after divorce, the quantum of maintenance is fixed by court keeping in view the income of the husband.

3. Rights related to Children custody:

Minor children suffer the most as a result of dissolution of marriage either by way of Divorce or dissolution of marriage by wife through Khula.

Children’s welfare is the most paramount consideration the wife can approach the Guardian Court established under The Guardian and Wards Act, with the claim to have permanent custody of the children after divorce. Where minor children use to reside with the wife she can apply to the guardian court/family court for appointment of guardian of the minor, she has to demonstrate that minor has more love and affection with the mother/wife and she can take care of the minor and provide better accommodation facility to the minor.

Moreover, where minor is daughter the wife has a preferential right over the husband to be appointed as guardian and enjoy permanent custody of the minor daughter till the time of marriage of minor daughter.

4. Inheritance rights:

When divorce is pronounced by husband and dies afterwards, wife cannot claim right of inheritance out of the property solely owned by a husband.

5. Rights related to jointly owned property:

Where a property is jointly owned by husband and wife, after the divorce or khula obtained by wife, she is entitled to the partition, possession and ownership of property in respect of the share of property in her name.

6. Right to enter into another marriage:

It is fundamental right and Islamic right of every person to marriage anyone! However, when marriage is intact the women cannot marry anyone else, whereas, after divorce is affected, the women/wife become entitled under the law to marry any person.